Allowed

Amandeep Singh v. State of U.P.

Allahabad HC21 Sept 2023BAIL/36251/2023

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a bail application filed under Section 439 Cr.P.C. The underlying case involved charges of forgery and cheating related to a property dispute. The Court found the dispute to be purely civil in nature as it was pending before the civil court and noted the applicant had no criminal antecedents and no hope of early trial conclusion.

What did the court decide?

The applicant was released on bail on personal bond and two sureties subject to conditions not to tamper with evidence, not to pressurize witnesses, and to appear on all dates fixed.

Amandeep Singh Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:182726

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36251 of 2023

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Applicant :- Amandeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Khanna,Amber Khanna Counsel for Opposite Party :- G.A.,Himanshu Raghav Pandey,Santosh Kumar Pandey

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 416 of 2021, under Sections 420, 467, 468, 471, 447, 380, 120B I.P.C., Police Station- Vrindavan, District- Mathura during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. There is a dispute with regard to the property of Hari Nikunj Ahsram, Vrindavan. Both the applicant and informant are claiming rights on the disputed property. A civil suit has been filed by the applicant in the Court of Civil Judge, Sr. Division (Panchayati Akhara Niran Kankhan, Haridwar and another vs. Adarsh Pal Gupta and others) numbered as Suit No. 50 of 2021. In the said suit the informant is also a defendant and is contesting the proceedings. The instant criminal prosecution has been instituted in order to create pressure on the applicant not to contest the suit proceedings. It is next contended the applicant has not forged any document. The cheques were issued by the informant in favour of the Hari Nikunj Ashram. The applicant does not have any criminal history. The applicant is in jail since 18.6.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the dispute is purely civil in nature. The parties are contesting the proceedings before the civil court. Further the applicant has no criminal antecedents. The

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applicant has presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Amandeep Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 21.9.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Amandeep Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amandeep Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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