Allowed

Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Addil. Chief Secy. Govt. Deptt. Lko. and Another

Allahabad HC5 Aug 2024ABAIL/1471/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, granted anticipatory bail to Ajay Kumar Singh in a case involving cheating and forgery. The court noted the lack of substantial evidence and the ten-year delay in lodging the FIR found no substantial evidence against the applicant, noting the FIR was lodged after ten years delay and no material showing adversarial factum.

What did the court decide?

Anticipatory bail granted to the applicant till disposal of trial subject to conditions regarding interrogation, tampering, leaving India, court appearances, and pressuring witnesses.

Ajay Kumar Singh vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69778

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1471 of 2024

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Applicant :- Ajay Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Addil. Chief Secy. Govt. Deptt. Lko. And Another Counsel for Applicant :- Ravi Singh Counsel for Opposite Party :- G.A.,Pramod Kumar Singh

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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Instant application has been filed with the prayer to enlarge the accused/applicant on anticipatory bail in Case Crime No.198 of 2024 under Section 419, 420, 467, 468, 471 I.P.C. P.S. Sabdarganj, District Barabanki.

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It is submitted by the learned counsel for the applicant that he is innocent and has been falsely implicated in the present case due to ulterior motive. He submits that the applicant is neither vendor nor vendee nor marginal witness and the applicant is no way beneficiary and instant F.I.R. has been lodged after ten years due to anonymity and misconception. He further submits that since the applicant has no concern with the sale and purchase of land in question and further he has not received any sale consideration which is an admitted fact, therefore, the implication of the present applicant in the present matter is prima facie seems to be false and baseless. He added that the applicant has two cases criminal history which has been explained. He further submitted that there is apprehension that the police shall arrest him and he shall suffer irreparable loss, thus, submission is that the applicant may be granted anticipatory bail.

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On the other hand, learned A.G.A. and the learned counsel for the complainant have vehemently opposed the prayer and submitted that it is the applicant who, by interpolation in the revenue records, demonstrated it to the complainant and because of the same, the incident has taken place. He further submits that there is all involvement of the present applicant in committing cheat and fraud and, therefore, after thorough investigation, charge sheet has been filed against the applicant. Further submission is that there are two cases criminal history

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against the applicant and that too of the similar nature, as such, the applicant is not entitled to any relief.

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Considering the submissions of the learned counsel for both the parties and after perusal of the material on record, it transpires that the applicant is neither seller nor purchaser nor marginal witness and prima facie, it seems that ingredients of Section 467, 468 and 471 I.P.C. do not attract in the present matter. This Court has also taken note of the fact that prima facie, there is no substantial evidence against the applicant and the F.I.R. has been lodged after delay of ten years. The applicant has also explained two cases criminal history. This Court also took note of the fact that there is no any material which could show adversarial factum to the pleadings mentioned in the instant application, therefore, this Court finds it fit case to grant regular anticipatory bail.

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In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant, namely, Ajay Kumar Singh till disposal of the trial subject to the following conditions:-

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

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(ii) that 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 or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/intimidate the prosecution witness.

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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 :- 16.10.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Addil. Chief Secy. Govt. Deptt. Lko. and Another

Case brief

What is this about?

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Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Addil. Chief Secy. Govt. Deptt. Lko. and Another

Case brief

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What did the court decide?

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