Allowed

Manoj Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Allahabad HC2 Dec 2024/2471/2024

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to Manoj Kumar arrested under cheating and forgery sections. Liberty protected till filing of police report based on Sushila Aggarwal dictum, granting parity with co-accused.

What did the court decide?

Anticipatory bail granted; applicant to furnish personal bond with two sureties and cooperate in investigation.

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

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Neutral Citation No. - 2024:AHC-LKO:79858

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2471 of 2024

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Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Mohammad Irfan Siddiqui 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.808/2022, under Sections 419, 420, 467, 468, 471, 120-B IPC, P.S. Gomtinagar, District Lucknow.

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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 applicant is marginal witness in the sale deed. The co-accused Uma Shankar who was also the marginal witness and was assigned the similar role has been enlarged on anticipatory bail vide order dated 02.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1801 of 2024. He further claims parity with the bail order of co-accused Uma Shankar. He submits that applicant has no criminal history.

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Learned A.G.A. has opposed the prayer made by learned counsel for the applicant however, does not dispute that role assigned to the applicant is similar to that of co-accused Uma Shankar (supra). He also submits that investigation is going on.

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Learned counsel for the applicant further submits that he 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 applicant that he will cooperate in the investigation as also the fact that applicant seeks parity with the bail order of co-accused Uma Shankar (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)-

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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- Manoj Kumar shall be released on anticipatory bail in the aforesaid Case Crime number on his 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 he 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 :- 2.12.2024 Saurabh Yadav/-

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

Manoj Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Case brief

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Manoj Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

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