Abhishek Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

Abhishek Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under S. 438 CrPC granted to applicant Abhishek in respect of Case Crime No. 206/2022 (ss. 420, 406, 452, 323, 504, 506 IPC, District Hapur): in the event of arrest, release on execution of a personal bond of Rs. 50,000/- plus two sureties of the like amount to the satisfaction of the trial court, subject to five enumerated conduct conditions, breach of any of which entitles the trial court to cancel the bail; granted without expression of opinion on merits.

Issue for consideration

Whether the applicant Abhishek, booked in Case Crime No. 206/2022 under Sections 420, 406, 452, 323, 504, 506 IPC (District Hapur), who apprehends arrest and alleges false implication, is entitled to release on anticipatory bail under Section 438 CrPC. +1 more

Court's answer

The anticipatory bail application of the applicant is accepted (granted).

Ratio / Principle

In reaching the grant, this Court weighed the nature of the accusations, the applicant's criminal antecedents and all facts of the case, together with the directing trial court's requirement that the applicant appear regularly and punctually and the attendant consequences, while keeping in view the parameters laid down in Siddharam Satlingappa Mhetre (2011) 1 SCC 694; and it granted the application without expressing any opinion on the merits of the case.

Key takeaways

Upon the applicant's arrest in the aforesaid offence, he is to be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- and two sureties of the like amount to the satisfaction of the trial court seized of the matter.ratio¶¶14
Release on anticipatory bail is subject to five conduct conditions imposed by this Court: (i) the applicant shall not tamper with the prosecution's evidence; (ii) he shall neither threaten nor harass the prosecution's witnesses; (iii) he shall regularly and punctually attend the directing trial court's proceedings and shall not cause unnecessary delays; (iv) he shall not commit any offence identical to that charged or suspected against him; and (v) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the case facts so as to dissuade that person from disclosing such facts to the trial court or any police authority or to tamper with the evidence.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Dr. Gautam Chowdhary, J.; order dated 11.7.2025; Neutral Citation 2025:AHC:111455) ALLOWED the anticipatory bail application under s. 438 CrPC of applicant Abhishek (Criminal Misc. Anticipatory Bail Application No. 10728 of 2024) in respect of Case Crime No. 206/2022 under ss. 420, 406, 452, 323, 504, 506 IPC at a police station in District Hapur (station name illegible in the corrupted source text). Counsel for the applicant urged innocence and false implication born of enmity, an allegedly ante-dated FIR information report, absence of independent eyewitnesses, absence of any incriminating recoveries, and asserted that the applicant's deceased grandfather had a money dispute with the complainant side in consequence of which he ended his own life, the applicant being made a scapegoat under pressure; a s. 41 CrPC notice had been issued, the applicant claimed full cooperation in investigation, and the chargesheet stood filed. The Government Advocate opposed release, pointing to the applicant's existing criminal antecedents and the possibility of their repetition in this case. Taking both submissions into account, applying the parameters articulated in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (nature and gravity of the accusations; likelihood of the accused avoiding the judicial process; careful appraisal of all material against the accused; and the accused's criminal antecedents), considering all facts of the case and the directing trial court's insistence on the applicant's regular appearance and its consequences, and expressly WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE, the Court accepted the application: upon arrest, the applicant is to be enlarged on anticipatory bail on furnishing a personal bond of Rs. 50,000/- and two sureties of like amount to the satisfaction of the trial court, subject to five conditions — (i) no tampering with prosecution evidence; (ii) neither threatening nor harassing prosecution witnesses; (iii) regular and punctual attendance at the directing trial court without causing unnecessary delays; (iv) no commission of any offence identical to or of the kind charged/suspected; (v) no direct or indirect inducement, threat or promise to any person acquainted with the facts to dissuade disclosure to the trial court or police authorities or to tamper with evidence. Breach of any condition empowers the directing trial court to cancel the granted bail.