Disposed

Sudhir Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Dec 2024NABAIL/266/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 482 BNSS in a case of alleged fake marksheets uploaded for pharmacy registration. Court granted interim anticipatory bail to the applicant on personal bond and two sureties, with conditions, issued notice to opposite party no. 2 and listed the matter for January 2025.

What did the court decide?

Interim anticipatory bail granted in case of arrest on personal bond and two solvent sureties, subject to listed conditions; notice issued to opposite party no. 2.

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

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Court No. - 15

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 266 of 2024

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Applicant :- Sudhir Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Ali Hasan,Ishraq Farooqui,Mohd. Suhail

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Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 404 of 2024, under sections 318(4), 336(3), 338 and 340(2) BNS P.S.- Ghazipur District - Lucknow.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the allegation against the applicant is that he in collusion with the other beneficiaries uploaded the fake marksheets for getting registration in pharmacy counsel though, there is no cogent piece of evidence to support the version of prosecution. He added that the applicant has no criminal history as is mentioned in paragraph no. 21 of the affidavit filed in support of the anticipatory bail application. He next submits that the applicant has always cooperated with the investigation proceedings and undertakes that he would never abscond from the same. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sudhir Kumar shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with

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the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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If steps are taken, office shall proceed accordingly.

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List/put up this matter in the week commencing 27.01.2025.

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In the meantime, the State as well as opposite party no. 2 may file their counter affidavits.

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Order Date :- 20.12.2024 Mayank

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

Sudhir Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Sudhir Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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