Allowed

Subhash Chandra Mishra v. State of U.P. and Another

Allahabad HC30 Aug 2024ABAIL/8269/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant in a case involving forgery and cheating, noting false implication, belated FIR, and lack of substantive evidence at this stage. Bail was granted till the submission of the police report subject to conditions.

What did the court decide?

Anticipatory bail granted till submission of police report, on personal bond of Rs. 50,000/- with two sureties, subject to standard conditions including co-operation with investigation and surrender o

Subhash Chandra Mishra vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144222

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8269 of 2024

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Applicant :- Subhash Chandra Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- Kunvar Rahul Singh, Prakash Chandra Trivedi,G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and Sri Prakash Chandra Trivedi, counsel for the opposite party no.2. Perused the material placed on record.

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This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.124 of 2024, under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Sikrara, District Jaunpur.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged belatedly. The applicant has not forged or manipulated the records. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the sale deed. Number of cases inter se the parties are pending before the court of competent jurisdiction. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. for the State and counsel for the opposite party no.2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and in particular the fact that number of cases inter se the parties are pending before the court of competent jurisdiction, the fact that at this stage there is no

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substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Subhash Chandra Mishra be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- 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:-

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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 him 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 5.9.2024 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Subhash Chandra Mishra v. State of U.P. and Another

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Subhash Chandra Mishra v. State of U.P. and Another

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