Dismissed¶11

Beer Singh @ Bittu v. State of U.P. and Another

Allahabad HC6 Jul 2025ABAIL/7322/2024

Case brief

AI extract

What is this about?

Anticipatory bail S.438 CrPC refused; applicant Beer Singh @ Bittu; Case Crime 27/2023, Ss.420/406/506 IPC, PS Babri, Dist. Shamli; credible oral and documentary evidence against applicant, no good ground for AB; liberty for regular bail before court below per Satendra Kumar Antil (SLP(Crl.) 5191/2021) guidelines; Allahabad High Court, Dr. Gautam Chowdhary, J., order dt. 7.7.2025.

What did the court decide?

During investigation the investigating officer has collected credible evidence against the applicant and his complicity in the commission of the offence is supported by oral as well as documentary evidence. ¶10

Beer Singh @ Bittu Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the applicant, Beer Singh @ Bittu, in Case Crime No. 27 of 2023 under Sections 420, 406, 506 I.P.C., Police Station Babri, District Shamli.

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Court's answer

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Ratio / Principle

This Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail.

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Key takeaways

The prayer to grant anticipatory bail is refused.ratio¶11
It is open to the applicant to move for regular bail before the concerned Court below.ratio¶12
If a regular bail application is moved, the concerned Court below is expected to consider and decide it keeping in mind the guidelines for grant of bail laid down in Satendra Kumar Antil v. Central Bureau of Investigation, without fettering the discretion of the courts concerned or the statutory provisions governing consideration in grant of bail.ratio

Detailed headnote1 paragraphs

Anticipatory bail under S. 438 Cr.P.C. refused — Allahabad High Court (Hon'ble Dr. Gautam Chowdhary, J.), order dated 7.7.2025. Applicant Beer Singh @ Bittu sought pre-arrest bail in Case Crime No. 27 of 2023, under Sections 420, 406, 506 I.P.C., Police Station Babri, District Shamli. The Court found that the investigating officer had, during investigation, collected credible evidence against the applicant, his complicity being supported by oral as well as documentary evidence, and that learned counsel could point out no good ground for grant of anticipatory bail; the prayer was accordingly refused. The applicant was left free to move for regular bail before the concerned Court below, which is expected to consider and decide such application keeping in mind the guidelines for grant of bail laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), without fettering the discretion of the courts concerned or the statutory provisions governing consideration in grant of bail. With these observations/directions the application stands disposed of.

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Neutral Citation No. - 2025:AHC:106482

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7322 of 2024

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Applicant :- Beer Singh @ Bittu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh Counsel for Opposite Party :- G.A.,Pankaj Bharti

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned counsel for opposite party no.2 and Sri Chandan Singh, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 27 of 2023, under Sections 420, 406, 506 I.P.C., Police Station Babri, District Shamli with the prayer that in the event of arrest, applicant may be released on anticipatory bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It has next argued that the applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail.

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Learned A.G.A.has opposed the application for anticipatory bail.

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Perusal of the record shows that the investigating officer, during the course of investigation has collected credible evidence against the applicant and his complicity in commission of offence is supported by oral as well as documentary evidence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail.

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Accordingly, the prayer to grant anticipatory bail is refused.

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However, it is open for the applicant to move regular bail before the concerned Court below. In case, such an application for bail is moved before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) , without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail.

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With the aforesaid observations/directions, the instant application stands disposed of.

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Order Date :- 7.7.2025 AS

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Beer Singh @ Bittu v. State of U.P. and Another

Case brief

What is this about?

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Beer Singh @ Bittu v. State of U.P. and Another

Case brief

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