Disposed

Ashok Kumar Mishra v. State of U.P. and 2 Others

Allahabad HC27 Nov 2024ABAIL/9970/2024

Case brief

AI extract

What is this about?

Criminal Misc. Anticipatory Bail Application wherein the court granted interim anticipatory bail vide interim order to the applicant subject to conditions including personal bond and sureties, while directing opposite parties to file counter affidavit and issuing notice. Subsequent substantive hearing was listed.

What did the court decide?

Granted interim anticipatory bail on furnishing personal bond of Rs. 50,000 with two sureties each in like amount subject to conditions; listed for further hearing.

Ashok Kumar Mishra 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. - 9970 of 2024

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Applicant :- Ashok Kumar Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Sachan,Sandhya Sachan Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Connect with Criminal Misc.Anticipatory Bail Application No.10195 of 2024.

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Heard learned counsel for the applicant and 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.509 of 2019, under Sections 420, 504 and 506 I.P.C., P.S. Bilhaur, District Kanpur Nagar.

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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. He further submits that during investigation statement of the applicant has been recorded by the Investigating Officer. Chargesheet has been submitted on 18.08.2023. Trial court concerned has summoned the applicant. The allegation alleged in the F.I.R. is false and baseless. On perusal of contents of F.I.R., no offence is made out against the applicant. It is next submitted that instant case is squarely covered under section 438 Cr.P.C. 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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5.Issue notice to opposite party no.3.

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Opposite parties are 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

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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 S.H.O 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 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 :- 27.11.2024 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ashok Kumar Mishra v. State of U.P. and 2 Others

Case brief

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Ashok Kumar Mishra v. State of U.P. and 2 Others

Case brief

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