Allowed

Amit Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Feb 2024ABAIL/362/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) allowed an anticipatory bail application for Amit Lal arrested under cheating and forgery charges. The court held that since the applicant was merely a mediator and not a beneficiary or executor of documents, bail was made out, subject to conditions ensuring investigation and trial attendance.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000 and two sureties of Rs. 50,000 each, conditioned on cooperation with police and attendance in court.

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

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Neutral Citation No. - 2024:AHC-LKO:18790

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 362 of 2024

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Applicant :- Amit Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjeev Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and the investigation of the case is going on.

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

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The instant application has been moved by the applicant- Amit Lal in F.I.R./Case Crime No. 0332 of 2023, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Ajgain, District Unnao, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the abovementioned case.

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Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication and even if the whole case of the prosecution is believed as it is, the applicant is not a person who is executed the sale-deed of the impugned land nor he is a marginal witness of any document and the allegations, which have been levelled against him, is only a mediator and by any stretch of imagination he may not be termed as the beneficiary of any transaction.

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It is also submitted that applicant is ready to cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required. Criminal history of one case has been explained in the supplementary affidavit filed today and there is no apprehension that after being released on anticipatory bail he may flee from the course of law or may otherwise misuse the liberty. Applicant is not

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having any criminal history.

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Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant.

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Considering the fact that applicant is neither the person who is executed the sale-deed nor a marginal witness of the impugned land and also doesn't appear to be the beneficiary of any transaction and his role has been confined as a 'mediator', criminal history of one case has adequately been explained, a case of anticipatory bail is made out in favour of the applicant.

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Thus, this anticipatory bail application, moved on behalf of the applicant, is allowed with a direction that in the event of arrest of the applicant- Amit Lal, involved in the above noted case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Investigating Officer/Trial Court with the following conditions:-

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(i) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

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

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(iii) The applicant shall not leave the country without the previous permission of the Court.

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(iv) The applicant, in case of submission of adverse police report under section 173(2) CrPC against him, shall remain present before the trial Court on each and every dates as and when his presence would be required by the trial Court and shall not seek any adjournment when the prosecution witnesses would be in attendance.

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The trial Court, in case of submission of adverse police report under Section 173(2) CrPC against the applicant, may impose any other suitable condition, in addition to the above-mentioned conditions imposed by this Court, for procuring the presence of the applicant before it.

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If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as

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abuse of liberty of bail and shall proceed against him/her in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 1.3.2024 Praveen

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

Amit Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Amit Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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