The Allahabad High Court granted anticipatory bail to Surendra Kumar Awasthi in an FIR alleging cheating and forgery, relying on the Sushila Aggarwal guidelines.
Granted anticipatory bail with a personal bond of Rs.50,000 and two sureties and specific conditions to be complied with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:142134
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7680 of 2023
Applicant :- Surendra Kumar Awasthi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
(i) 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.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) 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.
(vi) 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 98 .
(vii) 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.
Order Date :- 18.7.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the nature of accusations and lack of prior criminal history.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Applied¶10
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Surendra Kumar Awasthi
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
