Disposed

Nipul Kashyap v. State of U.P. and Another

Allahabad HC23 Sept 2024ABAIL/9142/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a cheating and forgery case. Counter affidavit time granted to the State; applicant granted interim anticipatory bail on furnishing personal bond with two sureties and standard conditions.

What did the court decide?

Interim anticipatory bail till next date of listing; release on arrest on personal bond of Rs. 50,000 with two sureties each in like amount, subject to conditions.

Nipul Kashyap vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9142 of 2024

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Applicant :- Nipul Kashyap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey 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; Sri Aditya Bhardwaj appearing for the opposite party no. 2; learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.503 of 2024, under Sections 420, 467, 468, 471 I.P.C., P.S. Modi Nagar, District Ghaziabad.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The instant FIR is false and baseless. No money has been transferred in the account of the applicant. The applicant has no criminal history to his credit. 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 definite apprehension of his arrest by the police.

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Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

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List this case immediately after expiry of the aforesaid period.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail 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 Court with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the 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./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurized/intimidate the prosecution witness.

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(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

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In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 17.10.2024 Meenu Singh

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

Nipul Kashyap v. State of U.P. and Another

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Nipul Kashyap v. State of U.P. and Another

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