The Allahabad High Court rejected an application for anticipatory bail. The court held complicity as prima facie evident and dismissed the plea, but allowed the applicant to file a regular bail application later.
Liberty granted to file regular bail application; anticipatory bail rejected.
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Neutral Citation No. - 2024:AHC-LKO:58126
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1924 of 2024
Applicant :- Suraj Dhanraj Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another
Counsel for Applicant :- Mohd. Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present application for bail has been filed by the applicant Suraj Dhanraj Gupta seeking anticipatory bail in Case Crime No.414 of 2023 under Sections 406, 420,467, 468, 471 and 504 I.P.C., Police Station S.G.P.G.I., District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for respondent State.
Perused the record.
Notice to respondent no.2 is dispensed with in view of the proposed order.
It is alleged in the F.I.R. that for purchase of land when the applicant met with the informant and the informant arranged his meeting with applicant, the applicant assured the informant that he would provide him a flat in Awas Vikas Parishad Vrindavan. He issued forged receipts to the informant to the tune of Rs.11,39,780/which were transferred from the account of the informant to the account of the applicant, thus allegation is that the applicant has forged the receipts of Awas Vikas Parishad and also cheated the informant.
Complicity of the applicant in the offence is prima facie evident, therefore, I am not inclined to grant anticipatory bail, hence rejected. However, liberty is granted to the applicant to file regular bail application in view of the law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021 .
Order Date :- 27.8.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the prima facie complicity in offences under the IPC.
Whether the applicant should be granted liberty to file a regular bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. CBIReferred¶12
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
2 provisions across 2 enactments
Suraj Dhanraj Gupta
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
