Amar Singh v. State of U.P.
Case brief
What is this about?
In this anticipatory bail application, the High Court rejected the plea by Amar Singh accused under Sections 499 IPC, 420 and 406 in a fraud case. The Court held that the applicant's receipt of funds confirmed his complicity in the conspiracy.
What the court decided
A compact analysis
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.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8404 of 2022
Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Pratap Singh,Prasant Rathor,Sanjay Gangwar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
- Heard Sri Avanish Pratap Singh, learned counsel for the applicant, Sri Chhavi Pal, learned AGA for the State and perused the papers on record.
- The present application has been moved seeking anticipatory bail in Case Crime no.45 of 2019, under Sections 419, 420 and 406 I.P.C., P.S. Rudhauli, District Basti.
- As per allegations in the F.I.R., the first informant received a phone call from certain unknown numbers on her mobile asking her to give her bank account and adhar card number on the pretext that some money from the government is to be transferred in her account. She passed on her bank account number and adhar number but no money got deposited in her account. Next day she was again contacted asking her to pay Rs.4500/- as GST money. She obeyed expecting that Rs.12,55,000/- from the government shall be deposited in her bank account gradually she was tricked into deposit of money to the tune of Rs.55,000/- by practicing fraud on her. It is alleged in the F.I.R. that this money was deposited in the account of present applicant and one Niveshi Kumar. She came to realize that she is being duped of money on false pretext and she lodged the F.I.R.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant accused of cheating and forgery.
Whether receipt of a portion of fraudulently obtained money establishes sufficient complicity to deny anticipatory bail.
Parties & counsel
- applicant
Amar Singh
Coram
Jyotsna Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- ABAIL/8404/2022
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