Allowed

Satyakam Pal v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC6 Dec 2024ABAIL/2282/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application filed by Satyakam Pal, the Allahabad High Court converted an interim order granting bail into an absolute order. The court acknowledged the applicant's lack of criminal history, his cooperation in the investigation, and his request for parity with the bail order granted to a co-accused.

What did the court decide?

Interim anticipatory bail granted vide order dated 01.10.2024 has been made absolute upon applicant furnishing personal bond and two sureties.

Satyakam Pal Vs State of U.P. Thru. Prin. Secy. Home Lko… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81888

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2282 of 2024

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Applicant :- Satyakam Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application has been filed by the applicant seeking anticipatory bail in case crime No.415 of 2023 under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Dargah Sharif, district Bahraich. .

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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This Court while granting interim protection vide order dated 01.10.2024 has passed the following order:-

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"The applicant has moved the present application under Section 438 Cr.P.C. praying for grant of anticipatory bail in case crime No.415 of 2023 under sections 419, 420, 467, 468, 471 I.P.C. (added section 120-B IPC), P.S.Dargah Shariff, district Bahraich.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shailendra Pathak, learned counsel for the complainant.

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It is alleged in the prosecution case that husband of the informant was threatened by the accused Devendra Singh and while doing that land of her husband has been transferred in the name of Devendra Singh and others. Thereafter he was kidnapped and is missing till date. It is further alleged that

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after the order passed by the State Government in the year 2021, Case Crime No.323 of 2021 under Sections 342, 323, 506, 364 IPC was registered against the accused. It is also alleged that accused Devendra Singh by hatching criminal conspiracy committed fraud and forgery and by making forged signature of her husband, forged death certificate has been issued regarding her husband's death by the Nagar Palika Parishad Bahraich.

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Learned counsel for the applicant submits that the applicant is innocent and has no criminal history. He has been implicated falsely in this case. Only allegation against the applicant is that while filing an affidavit in bail application of co-accused Devendra Singh as his pairokar he has deposed false facts before the trial court. No offence has been committed by the applicant. The ingredient of the offence mentioned in the FIR are clearly missing for the present applicant.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

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Learned A.G.A. has opposed the contention.

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List this case on 23.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit.

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On due consideration to the submission advanced, perusal of the record, the applicant has no criminal history, coupled with the undertaking given by the applicant that he will cooperate in the investigation, it is provided that the applicant shall be enlarged on anticipatory bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the concerned investigating officer/arresting officer of the police station concerned.

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The applicant shall report to the police station within two weeks from today and further cooperate in the investigation as and when required .

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In case of default, it would be open for the prosecution to approach this Court for vacation of this interim protection." Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail.

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Learned counsel for the applicant further submits that investigation is going on. The applicant has co-operated in the investigation and further undertakes to cooperate in the same.

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He further seeks parity with the bail order of co-accused Mukesh Pratap Singh who has been granted bail by this Court vide order dated 24.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1809 of 2024.

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Learned A.G.A. has opposed the bail application, however, could not dispute the fact that it is a case of parity.

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On due consideration to the submissions advanced, perusal of the record so also the fact that applicant seeks parity with the bail order of co-accused Mukesh Pratap Singh (supra) and the reasons assigned in aforesaid interim order dated 01.10.2024, he has cooperated in the investigation, undertaking that he shall further cooperate in the investigation, as also considering the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier vide order dated 01.10.2024 is liable to be and is hereby made absolute.

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The application is allowed accordingly.

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Order Date :- 6.12.2024 Saurabh Yadav/-

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

Satyakam Pal v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Satyakam Pal v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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