Allowed

Akhilesh Singh v. State of U.P. and 2 Others

Allahabad HC21 Oct 2024ABAIL/9544/2024

Case brief

AI extract

What is this about?

High Court granted interim anticipatory bail to Akhilesh Singh in Crime No. 128 of 2024 pending investigation and trial under Sections 420 and 406 IPC, subject to standard bail conditions including personal bond and surrender of passport.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000 with two sureties and conditions regarding appearance, interrogation, and not tampering with evidence.

Akhilesh Singh vs State of U.P. and 2 Others — Cheating and Forgery | 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. - 9544 of 2024

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Applicant :- Akhilesh Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rohit Kushwaha,Sharad Chandra Srivastava 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 counsel for the informant; learned counsel for the and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.128 of 2024, under Sections 420 & 406 I.P.C., P.S. Kotwali, Deoria, District Deoria

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Earlier, the applicant challenged the F.I.R. before this Court by filing Crl. Misc. Writ Petition No.4663 of 2024 and the Co-ordinate Bench of this Court vide order dated 04.04.2024 disposed of the writ petition. Counsel for the applicant next submits that notice under Section 41A Cr.P.C. has been issued and charge sheet has been submitted against the applicant but the court has not taken cognizance. Applicant's counsel undertakes that applicant will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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Learned AGA and learned counsel for the informant have vehemently 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.

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

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List this case after six weeks.

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As an interim protection, till the next date of listing or till framing of charge, which ever is earlier, the applicant is granted anticipatory bail in the aforesaid case crime number. 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 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 pressurize/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 :- 22.11.2024 Meenu Singh

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

Akhilesh Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Akhilesh Singh v. State of U.P. and 2 Others

Case brief

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