Allowed

Pintu Singh v. State of U.P. and Another

Allahabad HC3 Jul 2023ABAIL/6631/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Pintu Singh in a case involving sections 420, 406, and 506 IPC, relying on the Sushila Aggarwal judgment. The order released him on a personal bond with specific conditions regarding cooperation, inducement, travel, and court presence.

What did the court decide?

Anticipatory bail granted on release from custody with personal bond of Rs.50,000 and two sureties; specific conditions imposed regarding investigation cooperation, inducement, travel, and court appea

Pintu Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:129939

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6631 of 2023

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Applicant :- Pintu Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vidya Dhar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Sri Vidya Dhar Yadav, learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No176 of 2023, under Sections 420, 406, 506 I.P.C., P.S.Chandausi, District- Sambhal during the pendency of investigation.

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Learned counsel for the applicant submits that applicant is a graduate student, belongs to S.T. category. Learned counsel for the applicant submitted that the agreement of the land in question was entered between informant and Prithivi Pal on 07.03.2021 wherein the name of the applicant has shown as witness but the is no signature or thumb impression of the applicant on the agreement and as such the said agreement is forged and papers of the agreement has been prepared by the informant himself. Learned counsel for the applicant further submitted that the applicant has not received any single penny in his account and land in question is in the name of mother of the applicant. He further submitted that there is dispute of transaction of money which is civil in nature. Applicant has no criminal history.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Pintu Singh, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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(2) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC

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98 .

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(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application stands disposed of .

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Order Date :- 3.7.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Pintu Singh v. State of U.P. and Another

Case brief

What is this about?

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Pintu Singh v. State of U.P. and Another

Case brief

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