Allowed

Mohit Sachan v. State of U.P.

Allahabad HC25 Nov 2024NABAIL/11166/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to Mohit Sachan in a case alleging conspiracy in illegally mutating revenue records via fake certificates. Finding no substantive evidence and insufficient ingredients for the charge, bail was granted till the police report.

What did the court decide?

Granted anticipatory bail till the submission of police report in exercise of power under Section 482 BNSS on furnishing bond and sureties with conditions.

Mohit Sachan Vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188936

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11166 of 2024 Applicant :- Mohit Sachan Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Singh,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri P. C. Srivastava, learned counsel for the applicant, Shri Yagvalkya Pandey, learned A.G.A. for the State-Opposite Party, and perused the material placed on record.

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This application under Section 482 of the B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 234 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 339, 61(2) of B.N.S., Police Station Bhognipur, District Kanpur Dehat.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The allegation against the applicant is that he has assisted the accused persons named in the FIR, who has illegally mutated their names in the revenue record by submitting fake death certificate and family register. The allegation is that the applicant actively associated in the aforesaid conspiracy. He submits that the applicant is Lekhpal and he had no authority to issue such certificates. He has no connection with the aforesaid crime and is not named in the FIR. He submits that the applicant has not issued any death certificate and family register as such he has been falsely roped in the aforesaid crime due to ulterior motive. He further submits that the applicant has no direct role or evidence in the aforesaid crime.The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the

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applicant and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under the aforesaid Sections are not made out. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Mohit Sachan, be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 a 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 hi, before the S.S.P./S.P. concerned.

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

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 26.11.2024 pks

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

Mohit Sachan v. State of U.P.

Case brief

What is this about?

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Mohit Sachan v. State of U.P.

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