Allowed

Chandraveer Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Feb 2024/241/2024

Case brief

AI extract

What is this about?

CrPC application seeking anticipatory bail in an IPC case involving a fake educational certificate. The High Court granted relief, noting the applicant cooperated with the investigation and was not arrested.

What did the court decide?

Anticipatory bail allowed subject to a personal bond of Rs. 50,000 with two sureties and conditions to cooperate in investigation and trial.

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

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Neutral Citation No. - 2024:AHC-LKO:12049

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 241 of 2024

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Applicant :- Chandraveer Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Utkarsh Misra,Abhishek Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and charge sheet in this case has also been submitted.

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

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The instant application has been moved by the applicant- Chandraveer Singh, in Case Crime No. 362 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Khodare, District Gonda, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the abovementioned case.

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Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The allegations against the applicant are to the tune that he has submitted a fake educational certificate in order to get a government job, which has been found forged during the course of verification.

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It is vehemently submitted that after lodging of the F.I.R. applicant has thoroughly cooperated with the investigating officer and it is in this background there was no opportunity or occasion before the investigating officer to have arrested the applicant and the charge sheet in this case has been filed without making his arrest.

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It is also submitted that applicant undertakes that he will cooperate in the trial and would remain present before the trial court as and when his presence would be required and would not seek any adjournment especially when the prosecution witnesses would be in attendance. He is not having any criminal antecedents and there is no apprehension that after being

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released on anticipatory bail he may flee from the course of law or may otherwise misuse the liberty

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Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant.

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Considering the fact that applicant has not been arrested during the course of investigation and it is shown that he has cooperated in the investigation, it appears to be an admitted case that the charge sheet has been filed and when the investigating agency has itself not considered the arrest of the applicant, I do not find any reason as to why the applicant be relegated in the prison only for the purpose of getting regular bail.

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Thus, for the reasons mentioned herein-before and also keeping an eye that applicant is not having any criminal antecedents and has cooperated through out in the investigation, the instant anticipatory bail application moved by the applicant- Chandraveer Singh is allowed in view of the law laid down by the Hon'ble Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra : (2011) 1 SCC 694, Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 and in Nathu Singh Vs. State of U.P. and others ':(2021)6 SCC 64.

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It is provided that in the event of arrest of the applicant under any process of the trial court or on his appearance before trial court within 20 days from today i.e. till 29.02.2024, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the S.H.O. concerned/Investigating/Arresting officer/Trial Court, subject to the following conditions:

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(i). The applicant if not arrested earlier, shall surrender before the trial court within 20 days from today and will cooperate in the trial.

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(ii). The applicant shall Cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact, in case of further investigation.

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(iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail.

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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

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and specially when the prosecution witnesses are present in court.

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(v). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.

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If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 9.2.2024 Praveen

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

Chandraveer Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Chandraveer Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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