Allowed

Munesh Kumar @ Munesh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Allahabad HC23 Aug 2024ABAIL/1910/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a cheating and forgery FIR lodged about nine years after the alleged incident. Court noted no criminal history, offences triable by magistrate, cooperation in investigation and trial, and allowed the application with conditions following Sushila Aggarwal.

What did the court decide?

Applicant to be released on bail by trial court on furnishing personal bond and two sureties if summoned, subject to stated conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:58940

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1910 of 2024

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Applicant :- Munesh Kumar @ Munesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Sheikh Mohammad Ali 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.712 of 2016, under Sections 419, 420, 468, 471, 504, 506 I.P.C., P.S. Sujauli, District Bahraich.

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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 has prepared the forged resignation of the complainant and cheated her.

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Learned counsel for the applicant submits that applicant has falsely been implicated in this case. Applicant has no authority or concern with the resignation of the complainant on the date of incident. The incident has taken place on 26.10.2007, F.I.R. has been lodged on 01.10.2016. The F.I.R. is vague, no date, time or place of occurrence has been shown in the F.I.R. Offences are triable by magistrate. Applicant has no criminal history. Learned counsel for the applicant undertakes that applicant will cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter 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, offences are triable by magistrate, he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice 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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In view of the above, since, charge-sheet in the matter has been filed, if the applicant- Munesh Kumar @ Munesh 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 :- 29.8.2024 Saurabh Yadav/-

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

Munesh Kumar @ Munesh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

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Munesh Kumar @ Munesh v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

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