Allowed

Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC29 Jul 2024/1634/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) granted anticipatory bail to the applicant in a case involving cheating and forgery charges, citing the co-accused's bail order and the appellate court guidelines.

What did the court decide?

Anticipatory bail granted subject to a personal bond with two sureties and conditions including cooperation in investigation, non-influence of witnesses, attendance for interrogation, and prohibition

Shashi Trivedi Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51391

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1634 of 2024

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Applicant :- Shashi Trivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Anuj Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.55/2024, under Sections 406, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Sitapur.

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

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Learned counsel for the applicant submits that co-accused Avinash Kumar Trivedi has been granted bail by this court vide order dated 03.07.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1323 of 2024. He seeks parity with the bail order of Avinash Kumar Trivedi (supra). Applicant has no criminal antecedent.

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Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.

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Learned counsel for the applicant further submits that applicant will cooperate in the investigation.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the

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applicant that she will cooperate in the investigation so also the fact that applicant seeks parity with the bail order of co-accused Avinash Kumar Trivedi (supra), it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C 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, it is provided that in the event of arrest, the applicant- Shashi Trivedi shall be released on anticipatory bail in the aforesaid Case Crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and she will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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The application disposed of.

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Order Date :- 29.7.2024 Saurabh Yadav/-

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

Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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