Allowed

Rana Anand Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

Allahabad HC13 Aug 2024/244/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous application for anticipatory bail under Section 438 Cr.P.C., the Allahabad High Court confirmed an interim order granting protection. The court held that since the applicant has cooperated in investigations, has no criminal antecedents, and the charge-sheet is filed, he is entitled to bail subject to standard conditions upon summons.

What did the court decide?

Application allowed; applicant directed to surrender to trial court if summoned for release on bail with personal bond and two sureties.

Rana Anand Singh Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55878

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 244 of 2023

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Applicant :- Rana Anand Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 2 Others Counsel for Applicant :- Raj Kumar Ojha,Ajit Verma Counsel for Opposite Party :- G.A.,Girish Kumar Tiwari,Vivek Kumar Mishra

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Hon'ble Karunesh Singh Pawar,J.

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Counter affidavit filed by learned A.G.A. is taken on record. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.466 of 2020 under sections 406, 420, 504, 506, I.P.C., P.S. Indira Nagar, district Lucknow.

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

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This Court while granting interim protection vide order dated 02.02.2023 has passed the following order:-

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"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.466 of 2020 under sections 406, 420, 504, 506, I.P.C., P.S. Indira Nagar, district Lucknow.

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Heard learned counsel for the applicant who is permitted to implead the complainant during course of the day, and learned A.G.A. for the State.

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It is submitted on behalf of the applicant that the incident is of 2016. Application under section 156(3) CrPC has been given in the year 2020 after delay of four years without any plausible explanation. The complainant and Suresh Agarwal both were together doing property business. In 2014, when the applicant was in need of money, he contacted Suresh Agarwal and the complainant to sell his plot. A consideration amount of Rs.6

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lacs was paid by them and on the saying of the complainant, he transferred his land to Suresh Agarwal. It is submitted that the dispute is purely civil in nature.

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It is next submitted that He further submits that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes to cooperate in the trial. Learned A.G.A. has opposed the prayer made by the applicant's counsel. He is allowed fifteen days' time to file objections.

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Issue notice to respondent No.4.

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List on 3.3.2023.

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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, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to her cooperation in the trial.

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In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, 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

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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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Learned counsel for the applicant submits that charge-sheet in the matter has been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the trial. He has no criminal antecedent.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further 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 charge-sheet in the matter has been filed, applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 31.05.2024 is made absolute 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, the accused applicant- Rana Anand Singh is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant 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

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concerned with the following conditions:-

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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 :- 13.8.2024 Saurabh Yadav/-

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

Rana Anand Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

Case brief

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Rana Anand Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

Case brief

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