Allowed

Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC5 Dec 2024ABAIL/2675/2024

Case brief

AI extract

What is this about?

The Allahabad High Court at Lucknow Bench allowed an anticipatory bail application filed by Chandra Bhan Singh in a cheating and forgery case involving Sections 419, 465, 467, 468, and 471 IPC. The court granted bail based on parity with a co-accused who had already been granted bail, along with specific conditions regarding conduct and attendance.

What did the court decide?

Granted anticipatory bail upon executing a personal bond of Rs. 25,000/- and providing two sureties, subject to conditions of conduct and trial attendance.

Chandra Bhan Singh vs State of U.P. Thru. Addl. Chief… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81395

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2675 of 2024

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Applicant :- Chandra Bhan Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vijay Pratap Singh,Karunesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 3342 of 2010 under Sections 419, 465, 467, 468, 471 I.P.C., Police Station- Kotwali Nagar, District- Ayodhya.

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Learned counsel for the applicant submits that the applicant is an innocent person, who has falsely been implicated in the present case. He further submits that co-accused - Rajesh Kumar Singh, having identical role, has already been granted bail by this Court vide order dated 20.06.2024 passed in Criminal Misc. Anticipatory Bail Application No. 1364 of 2024. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused - Rajesh Kumar Singh has already been granted bail by this Court.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused -Rajesh Kumar Singh, ground of parity as well as totality of fact and circumstances, this Court is of the view that the applicant is entitled for anticipatory bail and in case he is taken into custody by Investigating Officer/Investigating Agency, then he shall be

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released forthwith on anticipatory bail after taking personal bond of Rs. 25,000/- and two sureties each in the like amount with the following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In view of above, the instant anticipatory bail application is allowed .

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Order Date :- 5.12.2024 Arpan

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

Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

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Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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