Allowed

Vikas Kumar v. State of U.P.

Allahabad HC4 Jul 2024ABAIL/4845/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a theft and cheating case filed under Sections 380 and 457 IPC. The court found no criminal history, no prima facie case of tampering with evidence, and held that the accusations arose from a private dispute warranting bail with standard conditions.

What did the court decide?

Anticipatory bail granted till submission of report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs. 25,000 with two sureties each.

Vikas Kumar vs State of U.P. — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:108500

¶2

Court No. - 73

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4845 of 2024

¶4

Applicant :- Vikas Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Prasad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vikram D. Chauhan,J.

¶6

Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

¶7

The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Vikas Kumar in Case Crime No. 25 of 2024 under Sections 380, 457 I.P.C., Police Station - Belipar, District - Gorakhpur.

¶8

It is submitted by learned counsel for the applicant that as per allegations in the first information report, it is alleged that D.J. instrument of the informant was stolen and it has come to the knowledge of the informant that the nominated accused persons have stolen the same. Learned counsel for the applicant submits that name of the applicant has surfaced in the confessional statement of the co-accused. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that applicant's case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

¶9

Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

¶10

It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is

¶11

granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶12

Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history.

¶13

It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶14

In view of the above, the applicant is granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail till submission of report under Section 173 (2) Cr.P.C. on his furnishing a personal bond of Rs.25,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

¶15

(i) The applicant shall make himself available for interrogation by a police office as and when required.

¶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 him from disclosing such facts to the Court or to any police office.

¶17

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

¶18

(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.

¶19

(v) The applicant shall cooperate with the investigation and make himself/herself available for interrogation whenever required.

¶20

(vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

¶21

(vii) The applicant shall maintain law and order.

¶22

(viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned.

¶23

(ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.

¶24

(x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

¶25

In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.

¶26

With the directions made above, the anticipatory bail application stands allowed.

¶27

Order Date :- 4.7.2024 S.Prakash

¶28

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad

Vikas Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Puneet Arora @ Ishan Arora vs State of Up and Another

Ajay Kumar Sharma @ Ajay Kumar Singh vs State of U.P. and Another

Mahfooz Ali vs State of U.P. and Another

Vijendra Singh Alias Brijendra Singh vs State of U.P. and Another

Gaurav Singh and 10 Others vs State of U.P. and Another

Naintara vs State of U.P.