Allowed

Nitin Tripathi v. the State of Andhra Pradesh

Andhra Pradesh HC3 Feb 2022CRLP/257/2022

Case brief

AI extract

What is this about?

This criminal petition under Section 438 Cr.P.C. sought pre-arrest bail. The court found the petitioner's resignation letter supported his claim that the FIR was lodged to force him to recall his resignation. The petition was allowed granting bail upon execution of bond and sureties.

What did the court decide?

Petitioner granted pre-arrest bail on execution of self bond for Rs.20,000/- with two sureties for a like sum.

Nitin Tripathi Vs the State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO. 257 OF 2022

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ORDER:-

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This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.905 of 2021 of Nallapadu Police Station, Guntur Urban District, registered for the offences punishable under Sections 420, 468 and 472 of the Indian Penal Code, 1860.

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The case of the prosecution is that basing on the report, dated 22.09.2021 lodged by the complainant the above crime is registered against the petitioner on the allegation that the petitioner who worked as Company Secretary has forged documents as if meeting has been conducted on 07.08.2021 and he also indulged in identical fraud by forging the signature of M.V. Subba Reddy.

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Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

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Learned counsel for the petitioner by placing reliance on copy of email, dated 10.08.2021 which is placed on record submits that the petitioner has resigned as Company Secretary from 10.08.2021 itself and only to pressurize the petitioner to take back his resignation, the present crime is registered against him. He submits that all the allegations made in the complaint are

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contrary to the resignation letter, dated 10.08.2021, as such petitioner’s case may be considered for grant of bail.

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Learned Assistant Public Prosecutor submits that there are specific allegations against the petitioner. He submits that the authenticity of the said email has to be checked and investigation is pending, as such petitioner is not entitled for bail.

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Considering the submissions made by learned counsel for the petitioner and the fact that the petitioner has already submitted his resignation, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

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Accordingly, this Criminal Petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No. 905 of 2021 of Nallapadu Police Station, Guntur Urban District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Nallapadu Police Station, Guntur District. The petitioner is directed to cooperate with investigation.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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_____________________ JUSTICE D.RAMESH

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Date :03.02.2022 IKN

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.257 of 2022

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03.02.2022

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IKN

Nitin Tripathi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nitin Tripathi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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