Allowed

Nanhe v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Allahabad HC21 Feb 2025BAIL/4894/2023

Case brief

AI extract

What is this about?

Bail application under Sections 419, 420, 467, 468, 471 IPC alleging the applicant impersonated the borrower Gurudeen to obtain a kisan credit card loan from Bank of India, which surfaced on NPA declaration. Court granted bail citing applicant's age of 70 years, no criminal history, prolonged incarceration, and parity with co-accused Shivpal Verma.

What did the court decide?

Applicant released on bail in Case Crime No. 50 of 2022 on furnishing personal bond and two sureties, subject to conditions.

Nanhe Vs State of U.P. Thru. Prin. Secy. (Home), Lko. — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:11394

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4894 of 2023

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Applicant :- Nanhe Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lko. Counsel for Applicant :- Anand Pal Singh,Krishna Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Supplementary affidavit filed by Shri Krishna Kumar Tiwari, Advocate appearing on behalf of the applicant is taken on record.

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Heard Sri Krishna Kumar Tiwari, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 50 of 2022, under Sections 419, 420, 468, 467, 471 I.P.C., registered at Police Station Safdarganj, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.01.2022 against three persons, including the applicant by the Branch Manager of the Bank of India stating that one Gurudeen son of Sukai was granted kisan credit card loan on 24.05.2011 regarding which the co-accused Lalla had stood a surety. It is alleged that the applicant had appeared as imposter in place of borrower. When the loan account was declared to be NPA (non performing asset) on 30.06.2015 it came to light that the loan was obtained by the applicant by wrongfully putting himself as the borrower Gurudeen.

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In the affidavit filed in support of bail application it has been stated that the applicant is 70 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

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Co-accused Shivpal Verma has been granted bail by means of an order dated 12.10.2023 passed by this Court in Criminal Misc. Bail Application NO.12174 of 2023.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a 70 years old person having no criminal history; the applicant is languishing in jail since 31.01.2023 whereas a co-accused Shivpal Verma has already been granted bail by means of an order dated 12.10.2023 passed by this Court in Crl. Misc. Bail Application No.12174 of 2023, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Nanhe be released on bail in Case Crime No. 50 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Safdarganj, District Barabanki on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi,J.)

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Order Date :- 21.2.2025/-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nanhe v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Case brief

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Nanhe v. State of U.P. Thru. Prin. Secy. (Home), Lko.

Case brief

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