Allowed

Kishan Pal Singh v. State of U.P.

Allahabad HC17 Oct 2024ABAIL/10067/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant pending the submission of the police report in a case involving cheating and forgery. The relief was granted subject to the furnishing of a bond of Rs. 50,000 and specific conditions.

What did the court decide?

Anticipatory bail granted till the submission of police report under Section 173(2) Cr.P.C. on bond of Rs. 50,000 with two sureties.

Kishan Pal Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164960

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10067 of 2024

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Applicant :- Kishan Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA and perused the material available on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 52 of 2023, under sections 420, 467, 468, 471, 506 IPC, Police Station Java, District- Aligarh.

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Counsel for the applicant submits that No Objection Certificate containing the signature of the informant dated 24.11.2020 was furnished to the applicant by the real brother of the informant, who is also a co-accused. It was only when the demarcation proceeding was initiated by the applicant, he came to know that he himself has been cheated. The co-accused Tarun Kumar (brother of the informant) has been arrested on 17.08.2024. The co-accused Ramesh Chandra Tomar has been granted anticipatory bail by this Court vide order dated 02.09.2024 passed in Criminal Misc. Anticipatory Bail Application No. 8640 of 2024. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and the counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of the police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that dispute between the co-accused Tarun Kumar and the informant exists, the

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applicant himself has been cheated, the co-accused Ramesh Chandra Tomar has been granted anticipatory bail by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Kishan Pal Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 17.10.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Kishan Pal Singh v. State of U.P.

Case brief

What is this about?

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Kishan Pal Singh v. State of U.P.

Case brief

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