Allowed

Sumit Kumar v. State of U.P.and Another

Allahabad HC22 Aug 2024ABAIL/8194/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad granted anticipatory bail to the applicant under Section 438 Cr.P.C. for a period lasting until the submission of the police report. The court released him on a personal bond with two sureties, subject to standard conditions and directed expeditious investigation.

What did the court decide?

Release of the applicant on anticipatory bail until submission of the police report under Section 173(2) Cr.P.C. on a personal bond with two sureties.

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

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Neutral Citation No. - 2024:AHC:134516

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8194 of 2024

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Applicant : - Sumit Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and 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.384 of 2023, under Sections 420, 467, 468, 471, 416 I.P.C., P.S. Sadar Bazar, District Saharanpur.

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. It is alleged in the FIR that at the time of verification of record of examination of Class-IV employee of District Court, Saharanpur, photograph of applicant got mismatched from Biomatric list. Till today, no charge sheet has been submitted against the applicant. It is further submitted that similarly placed co-accused Amit Kumar, Nakul Kumar, Mohit Gautam, Ankit Kumar, Vikul Kumar, Sonu Kumar & Narendra Kumar have been granted anticipatory bail by this Court vide orders dated 31.05.2024, 18.07.2024, 22.07.2024, 07.08.2024 & 06.08.2024, hence, the applicant is also entitled to be enlarged on bail. Applicant has no previous criminal history. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation.

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Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble

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Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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Let the applicant Sumit Kumar , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

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(i) The applicant shall make himself available for interrogation 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 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 them before the S.S.P./S.P. concerned.

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

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The present anticipatory bail application stands allowed .

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Order Date : - 22.8.2024 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Sumit Kumar v. State of U.P.and Another

Case brief

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Sumit Kumar v. State of U.P.and Another

Case brief

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