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

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

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the applicants in Case Crime No. 348 of 2023 (Police Station Alinagar, District Chandauli) under Sections 406, 409, 419, 420, 504, 506, 34 and 120-B IPC, pursuant to Section 438 Cr.P.C. +1 more

Court's answer

This Court is not inclined to grant any relief in favour of the applicant: the anticipatory bail application is unsupported by any document, and prima facie, on perusal of the first information report, offence is made out.

Ratio / Principle

The claim that proceedings under Section 82 Cr.P.C. were initiated against the applicant was found unsubstantiated: the application carried no supporting document evidencing it, the fact was not mentioned in the paras, and counsel's reliance rested only on page no. 22 of a rejection order of the Trial Court.

Key takeaways

Conditional direction appended to the rejection: if the applicant surrenders before the concerned court and applies for regular bail, his bail application shall be decided expeditiously by the court concerned, in accordance with law.obiter¶11

Detailed headnote1 paragraphs

Anticipatory Bail Application under Section 438 Cr.P.C., Allahabad High Court, Court No. 70 (Neutral Citation 2025:AHC:9200) filed by applicant Arvind Kumar against the State of U.P. in Case Crime No. 348 of 2023, Police Station Alinagar, District Chandauli, alleging offences under Sections 406, 409, 419, 420, 504, 506, 34 and 120-B IPC — REJECTED (Judge: Hon'ble Deepak Verma; Order dated 20.1.2025). Counsel asserted that proceedings under Section 82 Cr.P.C. had been initiated against the applicant and relied on page no. 22 of a rejection order of the Trial Court; however, the application was not supported by any document evidencing such initiation, the fact was absent from the paras, and prima facie an offence was made out on perusal of the first information report. The Court declined all relief, directing only that if the applicant surrenders and applies for regular bail, it be decided expeditiously by the court concerned in accordance with law.

Neutral Citation No. - 2025:AHC:9200

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7250 of 2024

Applicant :- Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No. 348 of 2023, under Sections 406, 409, 419, 420, 504, 506, 34 and 120-B IPC, Police Station- Alinagar, District- Chandauli.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a marginal witness of the sale-deed having no concern with the alleged incident. Applicant had no knowledge regarding summoning by the Trial Court. He next submitted that proceedings under Section 82 Cr.P.C. has been initiated against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial proceedings.

The present anticipatory bail application is not supported by any document, which could show that proceedings under section 82 Cr.P.C. has been initiated against the applicant. This fact has also not been mentioned in the paras. Present application is not supported by any material evidence. Counsel for the applicant is placing reliance over page no. 22 of rejection order, wherein Trial Court has held that in the present case, proceedings under Section 82 Cr.P.C. has been initiated. Since, anticipatory bail application is not supported by document and, prima facie , on perusal of first information report, offence is made out, therefore, this Court is not inclined to grant any relief in favour of the applicant.

In view of the above, the present anticipatory bail application stands rejected .

However, if the applicant surrender before the concerned court and apply for regular bail,his bail application shall be decided expeditiously by the court concerned, in accordance with law.

Order Date :- 20.1.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad