Allowed

Vivek Pandey v. State of U.P. and 2 Others

Allahabad HC28 Aug 2024ABAIL/8395/2024

Case brief

AI extract

What is this about?

This High Court allowed an anticipatory bail application filed by Vivek Pandey in a cheating and forgery case. The applicant demonstrated passport possession and lack of prior criminal record. The court granted bail for the period pending the police report under the condition of personal bond and cooperation with investigation.

What did the court decide?

Release of the applicant on anticipatory bail pending police report subject to personal bond with sureties and specific conditions regarding movement and cooperation.

Vivek Pandey vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:183360

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8395 of 2024

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Applicant :- Vivek Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Singh 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; learned AGA for the State and perused the material placed on record.

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This anticipatory bail application has been moved seeking bail in Case Crime No.902 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 12(1) (b) of the Passports Act, 1967, P.S. Kotwali, District Deoria.

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. The applicant got two passports in his name with two addresses. Now he has submitted both the passports issued in his favour. The applicant has no 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 cooperate 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 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 Vivek Pandey , who is involved in the aforesaid crime, be released on anticipatory bail till the submission

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of police report under Section 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 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 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 application stands allowed .

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Order Date :- 23.11.2024 Meenu Singh

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

Vivek Pandey v. State of U.P. and 2 Others

Case brief

What is this about?

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Vivek Pandey v. State of U.P. and 2 Others

Case brief

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