Disposed

Haridarshan @ Darshan Singh v. State of U.P. though it Principal Secretary and Another

Allahabad HC28 Aug 2024ABAIL/8381/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought under sections 406, 420, 467, 468, 471 IPC in a cheating/forgery case. Applicant was unnamed in FIR and named by co-accused in police custody. Court granted anticipatory bail until submission of the police report with conditions.

What did the court decide?

Applicant to be released on anticipatory bail till submission of police report on personal bond of Rs. 50,000/- with two sureties each in like amount, subject to conditions.

Haridarshan @ Darshan Singh vs State of U.P. though it… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140592

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8381 of 2024

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Applicant :- Haridarshan @ Darshan Singh Opposite Party :- State Of U.P. Though It Principal Secretary And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA. Perused the material available on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 11 of 2024, under sections 406, 420, 467, 468, 471 IPC, Police Station Shahpur, District- Muzaffar Nagar.

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Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Faizan Ahmad and Anwar Chaudhary in police custody. The said statements, insofar as it implicate the applicant, is unreliable. No amount was credited in the account of the applicant. The applicant was not a beneficiary of the illicit transaction. 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. 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 the 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, in particular the fact, that applicant was not named in the first information report, the name of the applicant was disclosed by co-accused Faizan Ahmad and Anwar Chaudhary in police custody, no amount was credited in the account of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be

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enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Haridarshan @ Darshan Singh 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 him 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 :- 31.8.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Haridarshan @ Darshan Singh v. State of U.P. though it Principal Secretary and Another

Case brief

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What did the court decide?

Haridarshan @ Darshan Singh v. State of U.P. though it Principal Secretary and Another

Case brief

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What did the court decide?

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