Allowed

Anil Kumar Singh @ Anil Singh v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Allahabad HC3 Oct 2024/8863/2024

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by an accused who had no direct role in the alleged forgery case. Relying on the Supreme Court, the court observed no specific allegations against the applicant and granted bail on a personal bond and two sureties.

What did the court decide?

Ak applicant be released on bail on furnishing a personal bond and two sureties subject to specified conditions.

Anil Kumar Singh @ Anil Singh Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68539

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8863 of 2024

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Applicant :- Anil Kumar Singh @ Anil Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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In the prosecution case, it is alleged that the accused persons by hatching conspiracy prepared forged documents, purchased undated old stamp papers, forged signatures, forged thumb impression and by impersonating him got executed a fake sale deed. The only allegation on the applicant is that he applied for the certified copy of the said fake sale deed.

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Learned counsel for the applicant submits that he is neither the seller, nor the purchaser or the witness in the sale deed. The applicant is languishing in jail since 17.12.2022.

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It is further submitted that 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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Charge sheet has been prepared and dispatched on 14.06.2024. As per the statement of the learned AGA.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that except the allegation of taking certified copy of the sale deed, there appears to be no specific allegation against the present applicant, so also considering the law laid down by the Supreme Court in the case of "Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693" , coupled with the fact that the applicant is languishing in jail since 17.12.2022 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.

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Accordingly, the bail application is allowed .

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Let the applicant involved in Case Crime No. 04/2023, under Sections 419/420/467/468/471/120-B/386/506/204 IPC and Section 7A of PC Act, Police Station - SIT 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 abuse of liberty of bail and pass orders in accordance with law.

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(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 :- 3.10.2024 R.C.

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

Anil Kumar Singh @ Anil Singh v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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Anil Kumar Singh @ Anil Singh v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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