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Vinayak Rai Alias Vinayak Ramdayal Alias Vinayak Ramdayal Rai v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Jul 2024/1255/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the judge rejected the application as no prima facie case was made out given the forged property allegations. Liberty was granted to approach the lower court for regular bail.

What did the court decide?

Anticipatory bail rejected; liberty granted to approach court below for regular bail.

Vinayak Rai Alias Vinayak Ramdayal Alias Vinayak… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45320

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Court No. - 12

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1255 of 2024 Applicant :- Vinayak Rai Alias Vinayak Ramdayal Alias Vinayak Ramdayal Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anand Kumar Sharma,Aakash Rai,Vaibhav Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1 . Heard learned Counsel for the applicant as well as learned A.G.A. and Sri Vikrant Raghuvanshi, who has filed Vakalatnama on behalf of opposite party no.2 and perused the record. The Vakalatnama is taken on record.

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2 . The present application has been filed by the applicant Vinayak Rai alias Vinayak Ramdayal alias Vinayak Ramdayal Rai under Section 438 of Cr.P.C. seeking anticipatory bail apprehending arrest in FIR No.411 of 2023, under Sections 406, 420, 467, 468, 471 IPC, Police Station Indira Nagar, District Lucknow North (Commissionerate Lucknow).

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3 . In terms of the allegations in he FIR, it was stated that a forged sale deed was executed in favour of the informant and substantial amounts were paid by the informant. It was also stated that the sale deed by virtue of which the applicant claims the ownership, the mutation has already been rejected. It appears from the record that the mutation was never affected in favour of the applicant.

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4 . Considering the nature of allegations, prima facie , no case for anticipatory bail is made out. The anticipatory bail is rejected .

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5 . However, the applicant would be at liberty to move regular bail, which shall be considered and decided by the court below in accordance with law including the law as explained by the Hon'ble Supreme Court in the case of Satendra Kumar Antil vs Central Bureau of Investigation and another; (2021) 10 SCC 773.

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Order Date :- 4.7.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Vinayak Rai Alias Vinayak Ramdayal Alias Vinayak Ramdayal Rai v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Vinayak Rai Alias Vinayak Ramdayal Alias Vinayak Ramdayal Rai v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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