Allowed

Anil Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow

Allahabad HC18 Jan 2024BAIL/579/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the bail application and allowed the bail application of a 70-year-old applicant accused of cheating and forgery. Considering the old lease deed, runaway FIR delay, and no criminal record, the court granted bail with sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each.

Anil Kumar Singh vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6956

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 579 of 2024

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Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. Lucknow Counsel for Applicant :- Shivendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shivendra Pratap Singh, learned counsel for the applicant, Smt. Parul Kant, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.0259 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Gomti Nagar, District Lucknow. On 18.01.2024 the matter was placed before a coordinate Bench of this court, which ordered the matter to be listed before this Bench in the light of the observations made by the Supreme Court in Criminal Appeal No.1503 of 2023, Pradhani Jani Vs. State of Odisha as well as Special Leave to Appeal (Crl.) No.7203 of 2023, Sajid Vs. State of U.P. as this court has already granted bail to a co-accused by means of an order dated 20.12.2023.

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The State was granted opportunity to file a counter affidavit in the meanwhile, but no counter affidavit has been filed.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.05.2023 by a Section officer of Lucknow Development Authority stating that a complaint had been received regarding execution and registration of fake lease deeds of seventeen plots in Transport Nagar, Scheme, Lucknow

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where a Plot No.F-177 is mentioned to have been allotted in the name of the applicant but the Sub Registrar has informed by means of a letter dated 27.12.2022 that the deed is not found to be registered in the office of Sub Registrar.

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In the affidavit filed in support of bail application it has been stated that the applicant is a 70 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

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A copy of the lease deed dated 13.06.2000 executed by the Prabhari Adhikari, Lucknow Development Authority in favour of the applicant has been annexed as Annexure No.2 to the affidavit filed in support of the bail application.

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The Investigating Officer has recorded in the case diary that the applicant had purchased Plot No.F-177, Phase-I, Transport Nagar, Lucknow as per the rules and the same is proved by the records of Sub Registrar's Office.

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A co-accused Sri Krishna has already been granted bail by this court by means of an order dated 20.12.2023, passed in Criminal Misc. Bail Application No.15117 of 2023.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the lease deed in question was executed in the year 2000 and the F.I.R. has been lodged on 03.05.2023; that the Investigating Officer has found that the lease deed had been executed in favour of the applicant; that the applicant is a 70 years old person having no previous criminal history and he is languishing in jail since 08.09.2023 and a co-accused person has already been granted bail by this

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court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Anil Kumar Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 24.1.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow

Case brief

What is this about?

What did the court decide?

Anil Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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