Allowed

Amit Kumar Seth v. State of Up and Another

Allahabad HC27 Sept 2024ABAIL/8762/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in a cheating and forgery case after a prior grant of anticipatory bail during investigation. The court noted his cooperation, absence of criminal history, and the Apex Court's Aman Preet Singh ruling on charge-sheeted but unarrested accused, and granted anticipatory bail until conclusion of trial with standard conditions.

What did the court decide?

Anticipatory bail till conclusion of trial on personal bond with two sureties, with conditions on appearance, non-tampering and travel; cancellation permitted on breach.

Amit Kumar Seth vs State of Up and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:159183

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8762 of 2024

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Applicant :- Amit Kumar Seth Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This anticipatory bail application has been moved seeking bail in Case Crime No. 50 of 2021, under Sections 323, 504, 506, 419, 420, 467, 468, 471 I.P.C., Police Station Sigra, District Varanasi during the pendency of trial.

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The applicant was granted anticipatory bail vide order dated 14.6.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C No. 6342 of 2023.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant was granted anticipatory bail vide order dated 14.6.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C No. 6342 of 2023. It is further submitted that applicant has not misused the liberty and has corroborated during the investigation. Charge sheet has been submitted against the applicant. No coercive method has been adopted by the Court to ensure the presence of the applicant. It is submitted that there is no possibility of tempering the evidence. It has been stated that applicant is having apprehension of imminent arrest and that applicant has no criminal history and that in case, he is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation.

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Learned counsel for the applicant relied upon the judgment of Hon'ble Apex Court in the case of Aman Preet Singh Vs. C.B.I through Director passed in Criminal Appeal No. 929 of 2021 decided on September 02, 2021 which reads as under:

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"(v) The Court shall on appearance of an accused in non-bailable offence who has nether been arrested by the police/Investigating Agency during investigation nor produced in custody as envisaged in Section 170 Cr.P.C. call upon the accused to move a bail application if the accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason is simple. If a person has been at large and free for several years and has not been even arrested during investigation, to send him to jail by refusing bail suddenly, merely because charge-sheet has been filed is against the basic principles governing grant or refusal of bail."

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Per-contra, learned A.G.A. has opposed the application for anticipatory bail but could not dispute the aforesaid aspect of the matter.

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Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no criminal antecedents of applicant and there being no possibility of fleeing from justice and in view of law laid down by Hon'ble Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Amit Kumar Seth involved in aforesaid case crime shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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(i) the applicant shall appear before the learned trial court on each date when the case is fixed unless exempted.

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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/her/them 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 she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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

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Order Date :- 27.9.2024 PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Amit Kumar Seth v. State of Up and Another

Case brief

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Amit Kumar Seth v. State of Up and Another

Case brief

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