Disposed

Kuldeep Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko

Allahabad HC19 Sept 2024NABAIL/38/2024

Case brief

AI extract

What is this about?

A single-judge division of the Allahabad High Court granted interim anticipatory bail to the applicant in a criminal matter involving alleged misappropriation of wheat. The court relied on the principle that criminal breach of trust and cheating cannot be committed in the same transaction and ordered release on bail if the applicant is arrested, subject to specified conditions.

What did the court decide?

Interim protection granted; in case of arrest, applicant shall be released on bail with personal bond and two sureties.

Kuldeep Singh vs State of U.P. Thru. Addl. Chief Secy… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 38 of 2024 Applicant :- Kuldeep Singh

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Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko

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Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 210/2024, under Sections 316(5), 319(2), 318(4) of BNS, P.S. Jamo, District Amethi.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The first information report was lodged on 09.08.2024 by Assistant Registrar, Cooperative Societies, Amethi, U.P. alleging occurrence on 03.07.2024 that Multi Purpose Primary Agriculture Cooperative Credit Society, Sirkhiri was operating Wheat Purchase Center at Sirkhiri. The Purchase Center was being operated from one room owned by the Chairman of the Society Sri Ajay Singh Chauhan as the Godown of the Society was in a dilapidated stage and out of the total purchase of 3628.50 quintals of wheat from 51 farmers only 1099.92 quintals has been supplied at the FCI Depot by the Secretary of the Society Kuldeep i.e. the applicant. It has also been alleged that at the time of inspection the Incharge Secretary i.e. the applicant was not present at the Purchase Centre and the one Room godown situated in the house of Ajay Singh was found to be empty. Thus it has been assumed that total 2528.58 quintals wheat having value of Rs. 64,87,752.00 has been misappropriated by the applicant.

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Learned counsel for the applicant submits that admittedly in the FIR, there was no storage facility due to the dilapidated condition of the go-down of the society and therefore, the storage was made six kilometers away in the house of one Ajay Singh Chauhan (President of the Society). It has been further submitted that no offence under Section 316(5), 319(2) and 318(4) of BNS is made out. Criminal breach of trust and cheating cannot be committed in the same transaction. There is no entrustment to the applicant in the present case as the money is directly transferred by the State Government in the accounts of the farmers, thus, offence under Section 316(5) of BNS is not made out. The applicant has not induced the delivery of any property by pretending to be some other person or otherwise, therefore, offences under Section 318(4) and 319(2 of BNS are also not made out.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. He has no criminal antecedent.

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Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 03.10.2024.

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On due consideration to the fact that offences are triable by magistrate; criminal breach of trust and cheating cannot be committed in the same transaction; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another

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(2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of

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arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-

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(1) The applicant shall cooperate in the trial and he will not influence the witnesses.

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(2) The accused-applicant will remain present on each and every date fixed by the trial court.

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(3) The applicant shall not leave India without previous permission of the Court.

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Order Date :- 19.9.2024 R.C.

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

Kuldeep Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko

Case brief

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Kuldeep Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko

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