Allowed

Ashutosh Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC8 May 2024/5458/2023

Case brief

AI extract

What is this about?

Court allowed bail to the applicant on the ground of parity with co-accused. The case involves allegations of cheating and forgery. Applicant was in custody since March 2023. Bail granted on personal bond and two sureties with strict conditions.

What did the court decide?

Released on bail on furnishing personal bond and two sureties on specific conditions.

Ashutosh 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:35720

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5458 of 2023

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Applicant :- Ashutosh Singh

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Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

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Counsel for Applicant :- Pradeep Kumar Tripathi,Akhilesh Singh,Sachin Chaturvedi,Vikas Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard Shri Sachin Chaturvedi, learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that role assigned to the present applicant is similar to that of the co-accused Rishab Jaiswal who has been granted anticipatory bail. Allegations against the applicant as well as co-accused Rishab Jaiswal are that both of them have received some amount in his account. It has been further submitted that the applicant is only an employee of the company "Career Junction" . The case is triable by magistrate. Charge sheet has been filed in the present case. There is no chance of tampering the evidence.

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It has been further submitted that co-accused persons Neeraj Kumar, Neeraj Kumar Singh @ Ajay Arun @ Harendra Singh@ Utkarsh, Mohammad Zubair @ Rizol Haq and Abhishek Anand @ Suneel have been enlarged on bail vide orders dated 08.05.2023, 05.06.2023, 03.07.2023 and 19.07.2023 passed in criminal misc. bail application Nos. 16843 of 2023, 22545 of 2023, 26842 of 2023 and 28371 of 2023. Learned counsel for the applicant seeks parity with the orders of the co-accused persons.

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It is further submitted that the applicant is languishing in jail

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since 02.03.2023 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.

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On due consideration to the fact that co-accused persons have been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 02.03.2023 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant, Ashutosh Singh, involved in Case Crime/FIR No. 01/2023, under Sections 406/420/467/468/471 IPC, Police Station - Vibhuti Khand, District - Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 to any police officer or tamper with the evidence.

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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 when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as

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abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 8.5.2024 R.C.

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

Ashutosh Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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Ashutosh Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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