Akhilesh Singh Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Akhilesh Singh Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicant under Section 438 CrPC, subject to furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court below, and subject to conditions (no tampering with evidence; no pressure/intimidation of witnesses; appearance before the court below as required; no commission of similar offences; no misuse of liberty), with liberty to the opposite party to seek cancellation upon breach.

Issue for consideration

Whether the applicant, named in Case Crime No. 128/2024 under Sections 406 and 420 IPC, is entitled to anticipatory bail under Section 438 CrPC, having regard to the gravity of accusation, his antecedents and the pendency of investigation.

Court's answer

After hearing both sides and considering the gravity of the accusation, the antecedents of the applicant, the severity/punishability of the offence and the arguments of both counsel, and without expressing any opinion on the merits, the Court found it appropriate to enlarge the accused on anticipatory bail; the anticipatory bail application is allowed.

Ratio / Principle

The enlargement is made subject to the applicant furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court below, and complying with conditions including: (i) not tampering with the evidence; (ii) not pressurising/harassing the witnesses or victim side; (iii) appearing before and participating in proceedings before the court below as and when required; (iv) not committing any offence of the kind alleged; and (v) not misusing the liberty of anticipatory bail and not inducing, threatening or promising any person acquainted with the facts.

Key takeaways

In case of breach of the above conditions, the complainant/opposite party will be free to move an appropriate application for cancellation of the anticipatory bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) allowed an anticipatory bail application under Section 438 CrPC by Akhilesh Singh, named in Case Crime No. 128/2024 under Sections 406 and 420 IPC. An earlier order dated 22.11.2024 had granted interim protection, and the investigation was pending; the learned AGA opposed, alleging non-appearance pursuant to the previous order and pressing for custodial interrogation. Relying on the parameters laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (gravity of accusation, antecedents, possibility of absconding/witness influence), and weighing the gravity of accusation, antecedents and punishability of the offence, the Court, without expressing any opinion on the merits, enlarged the applicant on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties in the like amount, subject to conditions against tampering with evidence, intimidating witnesses, absence from proceedings, fresh offences and misuse of liberty; breach would permit the opposite party to seek cancellation.