Allowed

Madan Kumar Soni v. State of U.P. and 2 Others

Allahabad HC28 Jan 2023ABAIL/7291/2021

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application under S. 438 Cr.P.C. by making the earlier interim order absolute until the submission of the police report under S. 173(2) Cr.P.C., noting the lack of a charge sheet and cooperation of the applicant.

What did the court decide?

Anticipatory bail application allowed; interim order of 16.06.2021 made absolute till submission of police report under S. 173(2) Cr.P.C.

Madan Kumar Soni Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7291 of 2021

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Applicant :- Madan Kumar Soni Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Counter affidavit filed by learned AGA today in the Court, is taken on record. Office is directed to registered the same.

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Heard Mr. Lakshman Singh, learned counsel for the applicant, Mr. K.P. Pathak, learned Additional Government Advocate for the State of U.P. and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 1810 of 2019, under Sections 420, 467, 468, 471 IPC, P.S.-Kotwali Orai, District-Jalaun , with the prayer that in the event of arrest, applicant may be released on bail.

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Earlier on 16.06.2021, the Co-ordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-

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"Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.

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The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 1810 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali Orai, District Jalaun.

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All the noticed respondent shall file a reply on this application within a period of six weeks.

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Post this matter on the expiry of the aforesaid period before the appropriate Court.

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Presently and for the purposes of considering the prayer for interim anticipatory bail, the Court takes note of the undisputed fact that investigation is stated to be still ongoing in respect of an offence which was registered as far back as in 2019. It is also not the case of the opposite parties that the applicant had not cooperated in the investigation. Learned counsel for the applicant further submits that no pension was drawn or received by the applicant by the usage of the allegedly forged disability certificate.

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Accordingly let the applicant- Madan Kumar Soni involved in the

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aforesaid case crime number be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-

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(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;

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(ii) the applicant shall make himself available for interrogation by a police officer as and when required;

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(iii) 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 office;

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(iv) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.

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(vi) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.

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In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted. "

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It is submitted by learned counsel for the applicant that the investigation is going on. Till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 16.06.2021 by the Coordinate Bench of this Court.

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Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.

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In view of the above, aforesaid interim anticipatory bail order dated 16.06.2021 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions

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as indicated in the above order dated 16.06.2021.

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With the aforesaid observations and directions, the instant anticipatory bail application is allowed .

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Order Date :- 28.1.2023 Jitendra/-

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

Madan Kumar Soni v. State of U.P. and 2 Others

Case brief

What is this about?

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Madan Kumar Soni v. State of U.P. and 2 Others

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