Allowed

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

Allahabad HC30 Jul 2024/669/2024

Case brief

AI extract

What is this about?

The single-judge High Court granted anticipatory bail to the applicant in a cheating case involving a credit society, noting his lack of criminal antecedents, the vagueness of allegations, and his offer to cooperate with investigation and settle debts, citing recent Supreme Court dictum.

What did the court decide?

Anticipatory bail granted with personal bond and two sureties on conditions of cooperation, presence for interrogation, and no departure from India.

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

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Neutral Citation No. - 2024:AHC-LKO:52058

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 669 of 2024

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Applicant :- Ranjeet Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Neeraj Kumar Saxena,Asmer Tayyab,Gaurav Saxena,Jushi Saxena,Lalla Chauhan,Rishi Saxena

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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.0405/2023, under Sections 406, 409 of IPC, P.S. Vibhuti Khand, District Lucknow.

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

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In the prosecution case it is alleged that applicant is the Managing Director of Achievers Credit Co-operative Society Ltd. registered head office at B-17 Ground Floor, Maa Kripa Tower, Vibhuti Khand, Gomti Nagar, Lucknow. The informant and other investors allegedly have deposited their money in the society of the applicant in the form of FD/RD. The terms of FD has completed ten months ago however, they have not returned money.

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Learned counsel for the applicant submits that applicant has no criminal antecedent, offences are triable by magistrate. He submits that there is no time, date or account number mentioned in the F.I.R. The F.I.R. and allegations are vague however, in case any outstanding amount is found in the society of the

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applicant, the applicant is ready to settle the same in accordance with law after proper audit of the Mauranipur branch which is in District-Jhansi.

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Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the 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, offences are triable by magistrate, 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)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- Ranjeet Singh 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 :- 30.7.2024 Saurabh Yadav/-

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

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

Case brief

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

Case brief

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