Allowed

Safatullah Choudhary v. State of Up and Another

Allahabad HC11 Sept 2024ABAIL/8982/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted to the applicant for three months until submission of police report under Section 173(2) Cr.P.C., subject to conditions regarding cooperation with investigation and not leaving India without permission.

What did the court decide?

Anticipatory bail granted till submission of police report U/s 173(2) Cr.P.C. on furnishing personal bond with two sureties.

Safatullah Choudhary vs State of Up and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174503

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8982 of 2024

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Applicant :- Safatullah Choudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Compliance affidavit has been filed today in the Court by learned AGA, is taken on record.

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Heard Sri Vinay Kumar Pathak, 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 (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 61 of 2023, under Sections 420, 467, 468, 471 I.P.C., P.S. Siddharth Nagar, District Siddharth Nagar.

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Vide order dated 11.09.2024, co-ordinate Bench of this Court has passed the following order:

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"1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

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2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Safatullah Choudhary in Case Crime No. 61 of 2023 under Sections 420, 467, 468, 471 I.P.C., Police Station - Siddharth Nagar, District - Siddharth Nagar.

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3. Learned A.G.A. for the State submits that applicant is not cooperating with the Investigating Officer and as such the applicant is wanted in the present case.

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4. Learned counsel for the applicant submits that applicant is the Manager of the institution. However, he is ready to cooperate with the Investigating Officer.

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5. As per the statement made by learned counsel for the applicant, the applicant shall appear before the Investigating Officer on or before 30.9.2024 and the Investigating Officer shall record his statement.

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6. List this case on 4.10.2024 as fresh.

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7. Till the next date of listing, applicant shall not be arrested without leave of this Court in the aforesaid case."

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. 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. Applicant has no previous criminal history.

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Learned AGA has filed compliance affidavit stating that applicant's statement has been recorded, which is annexed with compliance affidavit. 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 Safatullah Choudhary, 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 :- 7.11.2024 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Safatullah Choudhary v. State of Up and Another

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Safatullah Choudhary v. State of Up and Another

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