Vinod Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Vinod Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Vinod Kumar in the event of arrest, during pendency of trial in Case Crime No. 167 of 2022, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (i)-(iii) and the default clause; the application stands disposed of.

Issue for consideration

Whether the applicant Vinod Kumar is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 167 of 2022, under Sections 419, 420, 467, 468, 471, 504 and 506 IPC, Police Station Sikandra Rao, District Hathras.

Court's answer

Having regard to the submissions, nature of accusations, antecedents, pending mutation proceedings before the Tehsildar, informant's possession of the land, absence of substantive evidence at this stage, earlier protection till submission of police report, completion of investigation, cooperation of the applicant, filed charge-sheet and absence of need for custodial interrogation, the court, without commenting on merits, held the applicant entitled to be enlarged on anticipatory bail.

Ratio / Principle

In the event of arrest, applicant Vinod Kumar is to be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the court concerned.

Key takeaways

Condition (i): the applicant shall make himself available on each date fixed in the matter by the court concerned.ratio¶(i)
Condition (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 him from disclosing such facts to the Court.ratio¶(ii)
Condition (iii): the applicant shall not leave India without the previous permission of the Court, and if he holds a passport it shall be deposited before the concerned court.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Section 438 Cr.P.C.) — High Court of Judicature at Allahabad, Vivek Varma, J., order dated 1.4.2025, Neutral Citation 2025:AHC:44251: In Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11894 of 2024, applicant Vinod Kumar was granted anticipatory bail in Case Crime No. 167 of 2022 under Sections 419, 420, 467, 468, 471, 504 and 506 IPC, Police Station Sikandra Rao, District Hathras. Counsel submitted the applicant was falsely implicated; a sale deed dated 22.07.2016 was executed by co-accused Gajadhar in his favour with stamp fees and sale consideration duly paid; mutation proceedings are pending before the Tehsildar, Sikandra Rao, Hathras; the informant is in possession of the disputed land; during investigation this court had granted protection till submission of police report (order dated 13.07.2022 in Anticipatory Bail Application No. 5176 of 2022); investigation is complete, the applicant cooperated, charge-sheet has been filed and no custodial interrogation is required. Learned AGA opposed but could not satisfactorily dispute these submissions from the record. Without commenting on merits, and noting there is no substantive evidence against the applicant at this stage, the court held him entitled to anticipatory bail: release in the event of arrest during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions — availability on each date fixed; no inducement, threat or promise to dissuade disclosure of facts; no leaving India without previous permission and deposition of passport. On default of conditions, the court concerned may pass appropriate enforcing orders. Application stands disposed of.