Allowed

Jitendra Dubey v. State of U.P. and Another

Allahabad HC7 Nov 2024ABAIL/10466/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to an applicant who was added to the investigation array but not the F.I.R. in a forgery and cheating case, noting he did not misuse prior liberty and was not a beneficiary.

What did the court decide?

Anticipatory bail allowed during pendency of trial on furnishing personal bond of Rs. 25,000/- with two sureties each in like amount and subject to conditions.

Jitendra Dubey vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:175036

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Court No. - 88

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10466 of 2024

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Applicant :- Jitendra Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Learned counsel for the applicant is permitted to correct the array of parties during the course of the day.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application has been moved seeking anticipatory bail during the pendency of the trial in Case Crime No.536 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C, Police Station-Kotwali Nagar, District-Banda.

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It is submitted by learned counsel for the applicant that applicant is innocent and committed no offence. Neither he received any money nor assisted anyone in execution of sale-deed. It is also submitted that applicant is not the beneficiary of the alleged transaction but the role of making assistance has been given to him during the course of investigation though he was not named in the F.I.R. It is further submitted that he was on anticipatory bail and now charge-sheet has been filed against him. He never misused the liberty granted to him prior to submission of charge-sheet and now there is apprehension of arrest of the applicant in pursuance of the process of court, therefore, a request to enlarge the applicant on anticipatory bail during the pendency of the trial is made.

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Learned A.G.A opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and considering the fact that applicant was not named in the F.I.R., during the course of investigation his name surfaced, he is not the beneficiary of the

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alleged transaction and he never misused the liberty granted to him during the course of investigation, therefore, the applicant is entitled to be released on anticipatory bail during the pendency of the trial.

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Instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Jitendra Dubey , he shall be released on anticipatory bail during the pendency of trial, on furnishing personal bond of Rs. 25,000/- 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 office 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 office;

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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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Order Date :- 7.11.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Jitendra Dubey v. State of U.P. and Another

Case brief

What is this about?

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Jitendra Dubey v. State of U.P. and Another

Case brief

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What did the court decide?

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