Allowed

Ram Prakash Singh @ Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 2 Others

Allahabad HC7 Aug 2024/1341/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, granted anticipatory bail to the applicant, an accused facing a non-bailable offence cheating trial before a magistrate, based on clean record and cooperation despite allegations of fake agreement.

What did the court decide?

Applicant to be released on personal bond and two sureties subject to furnishing conditions regarding tampering with evidence or leaving India.

Ram Prakash Singh @ Prakash Singh Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54317

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1341 of 2024

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Applicant :- Ram Prakash Singh @ Prakash Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others Counsel for Applicant :- Sagar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No.237/2017, under Sections 420, 406, 323, 504, 506 I.P.C., P.S. Safipur, District Unnao.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Learned counsel for the applicant submits that complainant is relative of the applicant. Applicant is in jail for an offence under Section 302 IPC for the last more than six months. It is further submitted that offences are triable by magistrate.

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He further submits that allegation of taking Rs.1,50,000/- from the complainant by the present applicant in lieu of providing a job is false. It is next submitted that applicant has never entered into an agreement with complainant as alleged in the first information report. He submits that during investigation , the Investigating Officer has not found any such agreement signed between the applicant and the complainant. He submits that applicant is innocent and has falsely been implicated in this case. Learned counsel for the applicant undertakes that applicant will cooperate in the trial. Applicant has no criminal history

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Learned A.G.A., on the basis of written instructions, does not deny the fact that in the case diary, there is no such agreement showing the complicity of the applicant however, he submits that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that offences are triable by magistrate, applicant has no criminal history so also the undertaking given by counsel for the applicant that the

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applicant shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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In view of the above, since, charge-sheet in the matter has been filed, if the applicant- Ram Prakash Singh @ Prakash Singh is summoned to face trial for offence in question, he shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed.

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Order Date :- 7.8.2024 Saurabh Yadav/-

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

Ram Prakash Singh @ Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Prakash Singh @ Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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