Partly allowed

Smt Annu Alias Soniya v. State of U.P.

Allahabad HC25 Nov 2024ABAIL/10486/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, on interim basis, granted anticipatory bail to the applicant in an FIR involving cheating and forgery charges, subject to personal bond, cooperation with investigation, and specific conduct restrictions pending argument.

What did the court decide?

Granted interim anticipatory bail on a personal bond of Rs. 50,000 with two sureties subject to six specified conditions pending hearing.

Smt Annu Alias Soniya vs State of U.P. — 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. - 10486 of 2024

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Applicant :- Smt Annu Alias Soniya Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Rama Shankar Mishra, learned counsel for the applicant and 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 an anticipatory bail to the applicant in Case Crime No. 439 of 2024, under Sections- 420, 406, 467, 468, 471 and 506 of I.P.C, Police Station- Kotwali, District- Bulandshahar.

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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. Learned counsel for the applicant further submits that applicant has no criminal history. Charge sheet has been submitted. Applicant co-operated in the investigation proceedings. Instant FIR is based on false and concocted story only to harass the applicant. Story narrated in the FIR is not supported by any evidence, whole prosecution story is malicious prosecution. There is no evidence to prosecute the applicant in the present case. In case, applicant is granted anticipatory 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 AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

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Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case after six weeks.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory

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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 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 applicant has passport, the same shall be deposited 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 pressurize/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 :- 9.12.2024 Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Smt Annu Alias Soniya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Annu Alias Soniya v. State of U.P.

Case brief

What is this about?

What did the court decide?

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