Satya Deo Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Satya Deo Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The anticipatory-bail relief sought was refused at this stage; the application was disposed of with liberty granted to the applicant to move a bail application under Section 439 Cr.P.C. before the concerned court below, such application to be dealt with by the courts below in accordance with law in light of Satender Kumar Antil (Supra).

Issue for consideration

Whether anticipatory bail should be granted to the applicant Satya Deo Singh in Case Crime No. 1943 of 2016, Police Station Vijay Nagar, District Ghaziabad, involving Sections 420, 467, 468, 471, 120-B I.P.C. and Sections 13(1)C, 13(2), 8 of the Prevention of Corruption Act. +1 more

Court's answer

Having regard to the statement of counsel for the applicant that he did not want to press the anticipatory bail application on merits, the relief sought through the anticipatory bail application is refused at this stage.

Ratio / Principle

Considering the alternative prayer, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below.

Key takeaways

If the applicant applies for bail under Section 439 Cr.P.C., his bail application shall be disposed of by the courts below in accordance with law in the light of the judgement of the Apex Court in Satender Kumar Antil (Supra).ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Singh, J.), order dated 05.05.2025 (neutral citation 2025:AHC:71660) — CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 2417 of 2025: applicant Satya Deo Singh sought anticipatory bail in Case Crime No. 1943 of 2016, PS Vijay Nagar, District Ghaziabad (Sections 420, 467, 468, 471, 120-B I.P.C.; Sections 13(1)C, 13(2), 8, Prevention of Corruption Act), arising out of the allegation that, without valid authority and in collusion with the builder (Shri Bala Ji Hi-Tech Construction Pvt. Ltd.), he took a loan of Rs. 55.50 Lacs from Punjab National Bank under a Tripartite Agreement dated 15.01.2015 against the flat of a complainant who had himself taken no loan, Abhishek being guarantor. Counsel for the applicant stated he did not wish to press the application on merits and sought liberty to apply under Section 439 Cr.P.C., invoking Satender Kumar Antil vs Central Bureau of Investigation and Another, 2021 SCC Online SC 922; the learned A.G.A. raised no objection. The Court refused the anticipatory-bail relief sought "at this stage" and disposed of the application, granting liberty to seek regular bail under Section 439 Cr.P.C., and directed that the courts below dispose of any such bail application in accordance with law in light of the said Apex Court judgement.

Neutral Citation No. - 2025:AHC:71660

Court No. - 78

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2417 of 2025

Applicant :- Satya Deo Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deependra Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

2-This Criminal Misc. Anticipatory Bail Application has been moved by the applicant seeking Anticipatory Bail in Case Crime No. 1943 of 2016, under Sections 420, 467, 468, 471, 120-B I.P.C. and Sections 13(1)C, 13(2), 8 of Prevention of Corruption Act, Police Station Vijay Nagar, District Ghaziabad.

3-As per the prosecution case in brief, complainant had purchased a flat from Shri Bala Ji Hi-Tech Construction Pvt. Ltd. and he had not taken any loan from the bank. After taking possession of the said flat, he has been living there. Since June 2016 he had gone out of city and his flat was locked. When he returned, he came to know that applicant Satya Deo Singh, without any valid authority, has taken a loan of Rs. 55.50 Lacs from the Punjab National Bank under Tripartite Agreement dated 15.01.2015 in collusion with builder (Shri Bala Ji Hi-Tech Construction Pvt. Ltd.), in which Abhishek is guarantor.

4-Learned counsel for the applicant after advancing some argument and on putting certain query by the Court submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central

Bureau of Investigation and Another , 2021 SCC Online SC 922.

5-On the other hand learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant.

6-Having regard to the statement made by learned counsel for the applicant at the Bar, the relief as sought for by the applicant by means of this anticipatory bail application, at this stage, is hereby refused.

7-Considering the aforesaid alternative prayer made on behalf of the applicant, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below. In case the applicant applies for bail under Section 439 Cr.P.C., the bail application of the applicant shall be disposed of by the courts below in accordance with law in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra).

Order Date :- 5.5.2025 Saurabh

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad