Allowed

Shyam Sundar Gorakh v. State of U.P. and Another

Allahabad HC7 Nov 2024ABAIL/10452/2024

Case brief

AI extract

What is this about?

The Court granted interim anticipatory bail to the applicant in a case involving sections 34, 420, 467, 468, 471, and 120-B IPC, subject to strict conditions including availability for interrogation and non-interference with evidence. The order directs the State to file counter affidavits within three weeks.

What did the court decide?

Interim anticipatory bail granted subject to conditions: availability for interrogation, non-interference with evidence/witnesses, deposit of passport, and personal bond of Rs. 50,000/- with two suret

Shyam Sundar Gorakh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10452 of 2024

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Applicant :- Shyam Sundar Gorakh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.324 of 2021, under Sections 34, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali, District Jhansi, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next submitted that the applicant is retired bank employee. Learned counsel for the applicant next submits that earlier co-accused, Sunder Rajan, who was assigned similar role has already been granted interim protection by a co-ordinate Bench of this Court vide order dated 13.09.2024 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8830 of 2024. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.

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Connect and list this case immediately after expiry of the aforesaid period along with record of Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8830 of 2024.

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As an interim protection, till the next date of listing, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the

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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 the 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 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./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurized/intimidate the prosecution witness.

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(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

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

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Order Date :- 7.11.2024 Sanjeet

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Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad

Shyam Sundar Gorakh v. State of U.P. and Another

Case brief

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Shyam Sundar Gorakh v. State of U.P. and Another

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