Allowed

Ashish Kumar Mishra v. State of U.P. Thru.Prin.Secy.Deptt. of Home and Another

Allahabad HC13 Dec 2024ABAIL/274/2022

Case brief

AI extract

What is this about?

The Allahabad High Court enhanced anticipatory bail for the applicant in a cheating case under Sections 420, 406, 467-471 IPC. The court found false implication and lack of criminal antecedents, granting bail with strict conditions including availability for interrogation and surrender of passport.

What did the court decide?

Application allowed; enlarged upon furnishing personal bond of Rs. 25,000 and two sureties of like amount with conditions including availability for interrogation and surrender of passport.

Ashish Kumar Mishra Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:83840

¶2

Court No. - 34

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 274 of 2022

¶4

Applicant :- Ashish Kumar Mishra Opposite Party :- State Of U.P. Thru.Prin.Secy.Deptt. Of Home And Another Counsel for Applicant :- Amit Kumar Pathak Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Heard Sri Amit Kumar Pathak, learned counsel for the applicant and Sri Uttam Kumar Gond, learned A.G.A. for the State through video conferencing and perused the material on record.

¶7

The present bail application has been filed on behalf of applicant Ashish Kumar Mishra under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in F.I.R. No. 416 of 2020, for offence punishable under Sections 420, 406, 467, 468, 471 I.P.C., registered at Police StationTandiyawan, District-Hardoi till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Sessions Judge, Hardoi vide order dated 13.01.2022.

¶8

Learned counsel for the applicant submits that the present applicant was a petty employee of Farmer Culture Agro Fertilizers and the amount in question has been transferred to the account of Company not to the account of present applicant. The present applicant is not the beneficiary of the transaction in question, therefore, this is a case of false implication.

¶9

It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no previous criminal history. It is further submitted that he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by the co-ordinate Bench of this court vide order dated 24.02.2022.

¶10

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but he has not refuted the fact that the applicant has no

¶11

criminal antecedent to his credit.

¶12

It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

¶13

Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

¶14

In case of arrest, the applicant, Ashish Kumar Mishra is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs.25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

¶15

(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

¶16

(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 such person from disclosing such facts to the Court or to any police officer;

¶17

(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

¶18

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

¶19

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶20

The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

¶21

A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

¶22

With the aforesaid directions, the present Anticipatory Bail Application is allowed.

¶23

Order Date :- 13.12.2024 A.K.T.

¶24

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Mishra v. State of U.P. Thru.Prin.Secy.Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

Ashish Kumar Mishra v. State of U.P. Thru.Prin.Secy.Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asgar Ali vs State of U.P. and Another

Arun Kumar Dean vs State of U.P. and Another

Jagat Bahadur and Anothers vs State of U.P. and Anothers

Mohd. Arif Vs State of U.P. and Anr.

Tabrej Vs State of U.P. Thru Prin.Secy. Home and Anr.

Sajid Vs State of up Thru. Prin. Secy. Home and Anr.