The Court granted anticipatory bail to the applicant in a cheating and cheque dishonour case. Relying on Sushila Aggarwal, the Court held the applicant entitled to bail despite prior bail petitions, imposing standard conditions.
Anticipatory bail granted on a personal bond with two sureties and specific conditions regarding interrogation and appearance.
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. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 867 of 2023
Applicant :- Madan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Verma,Amrendra Tiwari Counsel for Opposite Party :- G.A.,Chandra Prakash Pandey
Hon'ble Krishan Pahal,J.
the ground that the applicant had challenged the present charge-sheet by filing a petition u/s 482 Cr.P.C. and the stay order granted therein has been vacated in the light of the judgement of the Apex Court passed in Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation, reported in 2018 (16) SCC 299 . However, learned counsel for the informant could not dispute the fact that the said petition u/s 482 Cr.P.C. is still pending and the applicant has no previous criminal history.
i. that the applicant shall make himself available for interrogation by a police officer as and when required;
ii. that 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 or tamper with the evidence;
iii. that the applicant shall not leave India without previous permission of the court;
iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(Justice Krishan Pahal)
Order Date :- 5.5.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C.
Whether the antecedent challenge to the charge-sheet under Section 482 Cr.P.C. bars the grant of anticipatory bail.
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of InvestigationReferred¶10
Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation,_ reported in _2018 (16) SCC 299_
Sushila Aggarwal Vs. State (NCT of Delhi)Applied¶11
" Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98" · Who else cites this
4 provisions across 3 enactments
Madan Singh
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal
Parties & counsel
