Allowed

Amit Kumar v. State of U.P. Thru. Addl. Chief Secy. Home U.P. and Another

Allahabad HC19 Jul 2024ABAIL/1574/2024

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Amit Kumar, who faced charges of cheating and forgery. Relying on the precedent in Sushila Aggarwal and granting parity with a co-accused who had been released, the Court directed the trial court to release the applicant on bail upon filing the charge-sheet, subject to standard conditions including not tampering

What did the court decide?

Application allowed; directed trial court to release applicant on personal bond and two sureties upon summons to face trial; standard conditions imposed.

Amit Kumar vs State of U.P. Thru. Addl. Chief Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59541

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1574 of 2024

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Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. And Another

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Counsel for Applicant :- Ajeet Kumar,Abhishek Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No.85/2021, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Kotwali Nagar, District Balrampur.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is alleged in the prosecution case that applicant was appointed as Assistant Teacher in the Basic Shiksha Vibhag on the basis of forged TET certificate.

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Learned counsel for the applicant submits that on similar set of facts, the anticipatory bail of co-accused Rahul Kumar has been allowed by Co-ordinate Bench of this Court vide order dated 19.10.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2315 of 2023. Applicant seeks parity with the bail order of co-accused Rahul Kumar (supra).

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Learned counsel for the applicant further submits that services of the applicant has already been terminated on 13.06.2018. Applicant has no other criminal history. He further undertakes that applicant will cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, submits that charge-sheet in the case has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial as also the fact that co-accused Rahul Kumar (supra) have been enlarged on bail so also considering

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the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98, applicant is entitled to be enlarged on bail.

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In view of the above, since, charge-sheet in the matter has been filed, if the applicant- Amit Kumar is summoned to face trial for offence in question, he shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed.

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Order Date :- 30.8.2024 Saurabh Yadav/-

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

Amit Kumar v. State of U.P. Thru. Addl. Chief Secy. Home U.P. and Another

Case brief

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Amit Kumar v. State of U.P. Thru. Addl. Chief Secy. Home U.P. and Another

Case brief

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