Allowed

Anil Kumar Singh v. State of U.P Thru. Prin. Secy. Home Lko.

Allahabad HC2 Dec 2024/11511/2024

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant, who is an advocate accused of forgery and cheating offences. The High Court allowed the bail application primarily on the grounds of parity with a co-accused who was granted bail earlier in a related case, noting the applicant's lack of active role or pecuniary gain.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties with conditions against tampering evidence and pressing witnesses.

Anil Kumar Singh Vs State of U.P Thru… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79787

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11511 of 2024

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Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.258 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali Nagar, District Gonda.

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Learned counsel for the applicant submits that applicant is languishing in jail since 17.12.2022/29.05.2024. The role assigned to the present applicant is similar to that of co-accused Rakesh Kumar Tripathi who has been granted bail by this Court vide order dated 03.10.2024 passed in Criminal Misc. Bail Application No.9967 of 2024, both are advocates. Applicant seeks parity with the bail order of co-accused Rakesh Kumar Tripathi (supra). The applicant is neither purchaser nor seller or marginal witness in the alleged sale deed. Applicant has not received any pecuniary gain.

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It is submitted on behalf of the applicant that trial has not commenced yet.

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Learned A.G.A. has opposed the bail prayer however, does not dispute that role assigned to the applicant is similar to that of co-accused Rakesh Kumar Tripathi (supra).

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.12.2022/29.05.2024, offences are triable by magistrate, applicant has explained the criminal history so also the fact that applicant seeks parity with the bail order of Rakesh kumar Triapthi (supra), without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the grounds of parity .

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Let the applicant Anil Kumar Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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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 officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 2.12.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Singh v. State of U.P Thru. Prin. Secy. Home Lko.

Case brief

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Anil Kumar Singh v. State of U.P Thru. Prin. Secy. Home Lko.

Case brief

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