Tuesday, August 16, 2022

Allahabad High Court rejects anticipatory bail plea of man accused of fraud

The Anticipatory bail application has been filed on behalf of the applicant, Yogesh Kumar Tiwari, with a prayer to release him on bail in Case under Sections- 419, 420, 467, 468, 471, 506 IPC, Police Station Jhunsi, District- Prayagraj, during pendency of trial

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The Allahabad High Court on Monday rejected the anticipatory bail application of Yogesh Kumar Tiwari, who is accused of forgery by several persons, including a retired IFFCO officer.

The single-judge bench of Justice Siddharth passed this order while hearing Tiwari’s criminal miscellaneous anticipatory bail application U/S 438. The application prayed that he be released on bail in a case registered under Sections 419, 420, 467, 468, 471, 506 IPC, in Police Station Jhunsi, District Prayagraj, during pendency of trial.

The allegation against the applicant is that he got ostensible sale deeds executed from informant on the promise of business but he has got his name mutated in the land record on the basis of aforesaid sale deeds. It was agreed that these sale deeds are being executed for the purpose of business partnership.

It is further alleged that applicant is a member of a gang which is operating in several districts and number of cases have been registered against him. Applicant has cheated number of innocent persons and grabbed their properties.

Senior Counsel for the applicant has submitted that applicant has been falsely implicated in this case.The sale deeds in dispute were executed for valuable consideration and were genuine. The criminal history of 45 cases of the applicant has been explained in the affidavit in support of the anticipatory bail application. In all the cases, he has been falsely implicated.

The counsel for the informant vehemently opposed the bail plea of the applicant and submitted that the applicant has a criminal history of 80 cases. He is habitual in committing offences of cheating, attempt to murder, grabbing of public land, dishonour of cheque etc., which is clear from the long criminal history of the applicant.

The AGA opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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“In view of the above facts and circumstances of the case and long criminal history of the applicant, he does not deserves to be granted anticipatory bail,” the Court said, rejecting the anticipatory bail application.

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