Allowed

Girjesh Yadav v. State of Up

Allahabad HC28 Aug 2024ABAIL/8034/2024

Case brief

AI extract

What is this about?

This High Court allowed an anticipatory bail application under Section 438 CrPC for the applicant in a case involving forgery and cheating. The court held that grounds for ad interim bail were made out based on the applicant's clean record and the settled principle in Sushila Aggarwal, releasing him on bond subject to investigation conditions.

What did the court decide?

Enlarged on anticipatory bail till conclusion of trial on furnishing personal bond of Rs. 25,000/- and two sureties of like amount subject to specific conditions including availability for interrogati

Girjesh Yadav vs State of Up — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155932

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8034 of 2024

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Applicant :- Girjesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Singh,Sanraj Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Dileep Srivastava, Advocate holding brief of Sri Dharmendra Singh, learned counsel for the applicant and Sri R.K. Singh learned A.G.A. for the State and perused the material on record.

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The present anticipatory bail application has been filed on behalf of applicant Girjesh Yadav under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 85 of 2024 for offence punishable under Sections 420, 467, 468, 471, 34, 201 of the Indian Penal Code and Section 66-D of Information Technology Act, registered at Police Station- Shikohabad, District- Firozabad till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Sessions Judge, Firozabad vide order dated 23.7.2024.

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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. It is further submitted that the first information report dated 18.2.2024 has been lodged on the basis of recovery and arresting memo of five accused persons dated 18.2.2024 at 8.50 a.m. (before starting the examination on 18.2.2024), however, Police Constable Examination was also held on 17.2.2024.

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It is further submitted that the name of the applicant surfaced on the basis of confessional statement of arrested co-accused persons. It is further submitted that applicant is not arrested on 18.02.2024.

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It is further submitted that co-accused Akhilesh Yadav and Rajneesh have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application Nos. 7492 of 2024 and 8233 of 2024 vide order dated 09.08.2024 and 22.08.2024 respectively.

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It is further submitted that the applicants is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation.

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Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicants but they has not refuted the fact that the applicant has no criminal antecedent to their credit.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of ad interim anticipatory bail is made out.

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In case of arrest, the applicant, Girjesh Yadav is directed to be enlarged on anticipatory bail till the conclusion of the trial in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court 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, if investigation is in progress;

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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 such person 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 and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad,

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self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 24.9.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Girjesh Yadav v. State of Up

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Girjesh Yadav v. State of Up

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