Allowed

Saurabh Jain v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Dec 2024ABAIL/2800/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim anticipatory bail to the applicant in an IPC cheating and forgery case. The court noted the applicant was identically situated to a co-accusee who had already obtained bail. The applicant was released on personal bond and sureties.

What did the court decide?

Interim anticipatory bail granted on personal bond and sureties with conditions regarding availability, non-tampering, and court presence.

Saurabh Jain vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2800 of 2024

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Applicant :- Saurabh Jain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dr. Pooja Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.574 of 2022, under Sections 420, 467, 268, 471, 500, 120-B I.P.C., Police Station PGI, District Lucknow.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that identically situated co-accused Himanshu Soni has already been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1763 of 2024, vide order date 14.8.2024 and the applicant is seeking parity of the same. He further submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed offence, as such, he is not entitled to any relief.But, he could not dispute the fact that identically situated co-accused has already been granted anticipatory bail by this Court.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail.

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Till the next date of listing, the present applicant Suarabh Jain shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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

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(iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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List/put up this matter in the fourth week of January 2025.

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In the meantime, learned counsel for the State shall file the counter affidavit.

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Order Date :- 20.12.2024 Ram Murti

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

Saurabh Jain v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Saurabh Jain v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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