Allowed

Surendra Kumar Sen @ Surendra Kumar v. State of U.P.

Allahabad HC10 Sept 2024ABAIL/7827/2024

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicant in a criminal trial concerning cheating and forgery. The court imposed conditions including furnishing a bond, appearing before the trial court, and restrictions on obstructing justice or leaving the country without permission.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 25,000 with two sureties in like amount, subject to specific conditions.

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

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Neutral Citation No. - 2024:AHC:146976

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Court No. - 82

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7827 of 2024

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Applicant :- Surendra Kumar Sen @ Surendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Bhatt,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 564 of 2017, under sections 419, 420, 467, 468, 471, 409 IPC, Police StationNawabganj, District- Allahabad (Prayagraj).

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. Applicant was working on contract as clerk. As per allegation in the F.I.R. the amount of 13 beneficiaries were transferred by the co-accused Som Prakash Mishra in the account of other 13 beneficiaries, those were not entitled for the amount when the matter came into the knowledge of the Authorities, present F.I.R. was lodged. Further submitted that in this case, he was told only to transfer the amount in the accounts of the beneficiaries regarding which list was provided by co-accused namely Lalbahadur Yadav when this fact was brought into the knowledge of the present applicant, he withdrew the amount and again transferred in the accounts of persons, those were entitled for the amount. It is also submitted that charge sheet was submitted in the year 2019 but no any process was issued against him that was the reason he could not appear before the learned court. Now he is ready to face the trial. There is apprehension of arrest against the applicant, so request for anticipatory bail during pendency of trial.

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Learned AGA has opposed the prayer for anticipatory bail.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any

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comment on the merit of the case, there appears ground to grant anticipatory bail in favour of applicant during pendency of trial.

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The applicant Surendra Kumar Sen @ Surendra Kumar shall be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the learned trial court unless exempted;

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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 office;

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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. concerned.

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In default of any of the conditions, this bail order shall stand automatically vacated.

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Order Date :- 10.9.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Surendra Kumar Sen @ Surendra Kumar v. State of U.P.

Case brief

What is this about?

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Surendra Kumar Sen @ Surendra Kumar v. State of U.P.

Case brief

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