Allowed

Deependra Singh v. State of U.P. and Another

Allahabad HC16 Oct 2024ABAIL/9386/2024

Case brief

AI extract

What is this about?

This single-judge order allows an anticipatory bail application filed by Deependra Singh in a criminal case involving cheating and criminal breach of trust. The High Court held it a fit case to grant bail till the conclusion of trial, citing the Supreme Court's judgment in Sushila Aggarwal and fixing conditions for the personal bond.

What did the court decide?

Anticipatory bail allowed till conclusion of trial on furnishing personal bond of Rs. 50,000 with two sureties each of Rs. 50,000 and complying with specific conditions.

Deependra Singh vs State of U.P. and… — Contract and Commercial Disputes | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:164199

¶2

Court No. - 82

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9386 of 2024

¶4

Applicant :- Deependra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Choudhary,Swatantra Kumar Singh,Virendra Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Supplementary affidavit filed today is taken on record.

¶7

Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶8

This application for anticipatory bail has been filed by applicant- Deependra Singh in connection with Case Crime No. 139 of 2021 under sections 420, 406, 507 IPC, P.S. Kheragarh, District- Agra.

¶9

The named accused persons, who are the officials of JML Infrastructure India Limited company misappropriated a huge amount of money to a tune of more than one crore rupees and not a single penny was repaid by them to the informant. FIR was lodged on 15.06.2021 and after investigation charge sheet has been submitted.

¶10

It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. It is further submitted that the applicant is not named in the FIR and his name came into light on the basis of the statement of co-accused Mata Prasad and the said Mata Prasad is also not named in the FIR. It is further submitted that co-accused Rajendra Singh has been granted anticipatory bail by this Court vide order dated 12.07.2023 in Criminal Misc. Anticipatory Bail Application No. 6878 of 2023. It is further submitted that the applicant is cooperating with the investigation of the case and he has no concern with JML Infrastructure India Limited company. It is further submitted that the applicant has never been an employee of the said company. During investigation notice under Section 41-A has been given to the applicant. It is further submitted that the applicant has no criminal history. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and

¶11

would obey all conditions of bail.

¶12

Learned A.G.A. has opposed the prayer for anticipatory bail but however, could not dispute the fact that the applicant has no criminal history.

¶13

In this matter, as is evident from the record, offences levelled against the applicant are of Sections 420, 406, 507 IPC, which are punishable with the imprisonment upto seven years. It reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicant till date and he has cooperated during the investigation. No custodial interrogation is required in the matter.

¶14

In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

¶15

It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

¶16

It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶17

Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

¶18

The anticipatory bail application is allowed accordingly.

¶19

In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court

¶20

concerned with the following conditions :-

¶21

(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

¶22

(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 from disclosing such facts to the Court or to any police officer;

¶23

(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.

¶24

In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

¶25

Order Date :- 16.10.2024 Rmk.

¶26

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Deependra Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deependra Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pushpendra Sahu vs State of U.P. and Another

Kesari Nandan Gupta vs State of Up and Another

Rakesh Kumar vs State of U.P.

Vibhor Gautam vs Chumman Nath Swami

Vipin Yadav @ Vipan vs State of U.P. and Another

Vibhor Gautam vs Thakur Brajbihari Poojan Bhandar Dauji Mandir Parisar Vrindavan and Another