Allowed

Surya Prakash Srivastava v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC1 Jul 2024ABAIL/1455/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application filed by an applicant apprehending arrest in a pre-trial stage involving forgery offences, the court examined the nature of the dispute and the fact that it is sub judice with co-accused granted protection. Relying on jurisprudential dicta regarding protection of liberty in civil disputes, the court allowed the grant. The applicant was directed to cooperate in i

What did the court decide?

Anticipatory bail granted in the event of arrest, subject to personal bond, two sureties of similar amount, and conditions to cooperate in investigation, report to police, and not leave India without

Surya Prakash Srivastava vs State of U.P. Thru. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52103

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1455 of 2024

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Applicant :- Surya Prakash Srivastava Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- J.P. Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.

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The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime/FIR No.0472 of 2022 under Section 419, 420, 467, 468, 471, 409, 506 IPC, Police Station Kadipur, District Sultanpur.

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Learned counsel for the applicant submits that the offences are triable by Magistrate. The dispute is primarily civil in nature and is engaging attention of the consolidation court. The co-accused persons have been granted interim protection by the Division Bench of this Court in Criminal Misc. Writ Petition No.2951 of 2024 Ravi Prakash Srivastava vs State of U.P. and others and Criminal Misc. Writ Petition No.2911 of 2024 Amt. Manju @ Manju Srivastava. Learned Counsel for the applicant undertakes on behalf of the applicant that he shall cooperate in the investigation.

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Learned Addl. Government Advocate has opposed the prayer of anticipatory bail, however, does not dispute the fact that co-accused persons have been granted protection by Division Bench of this Court in the above cases and the matter is engaging attention of the consolidation court.

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Perused the record.

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On due consideration to the submissions advanced; perusal of the record prima facie, dispute appears to be civil in nature and the facts that admittedly the matter is engaging attention of the consolidation courts, the co-accused Smt. Manju @ Manju and Ravi Prakash Srivastava have been granted protection by

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the Division Bench of this Court, investigation is pending, undertaking to cooperate in the investigation, in the interest of justice, it would be expedient that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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7. Accordingly, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned with the following conditions:-

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(i) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(ii) The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation.

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(iii) The applicant shall not leave India without previous permission of the Court.

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(iv) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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Order Date :- 30.7.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Surya Prakash Srivastava v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Surya Prakash Srivastava v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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