Disposed

Jatindra Dhiman Alias Jitendra Dhiman v. State of Up

Allahabad HC6 Dec 2024ABAIL/5588/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC for an accused in a Mathura cheating/ forgery case. Counter affidavits sought within four weeks; as interim protection the applicant was granted anticipatory bail on a personal bond of Rs. 50,000 with two sureties and standard conditions pending hearing.

What did the court decide?

Interim anticipatory bail granted till next listing; personal bond Rs. 50,000 with two sureties, with conditions including availability for interrogation and deposition of passport.

Jatindra Dhiman Alias Jitendra Dhiman vs State of Up — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5588 of 2024

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Applicant :- Jatindra Dhiman Alias Jitendra Dhiman Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- Archana Singh,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; Ms.Archana Singh, learned counsel for the informant; learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.414 of 2023, under Sections 406,420, 467, 468 and 471 I.P.C., P.S. Kosikalan, District Mathura.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. He further submits that the allegation in the F.I.R. prima facie discloses civil in nature. On perusal of contents of F.I.R., no offence is made out against the applicant. The investigation is going on and the applicant would cooperate with the investigation. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. and learned counsel for the informant are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

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List this case immediately after expiry of the aforesaid period.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India 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./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurized/intimidate the prosecution witness.

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

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In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 6.12.2024

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Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Jatindra Dhiman Alias Jitendra Dhiman v. State of Up

Case brief

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Jatindra Dhiman Alias Jitendra Dhiman v. State of Up

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