Allowed

Pankaj and Another v. State of Up

Allahabad HC5 Sept 2019BAIL/34353/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court granted anticipatory bail to two accused brothers accused under Sections 307, 452, 504, and 506 IPC. The court noted the absence of criminal antecedents and ordered release pending a police report under Section 173 (2) Cr.P.C. subject to standard conditions and strict completion of investigation within three months.

What did the court decide?

Application for anticipatory bail allowed; release on bond of Rs. 25,000 with two sureties subject to conditions including availability for interrogation and non-interference with witnesses.

Pankaj and Another Vs State of Up — Bail and Remand | Allahabad HC (2019)

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Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34353 of 2019 Applicant :- Pankaj And Another Opposite Party :- State Of Up Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard Sri P. S. Chauhan, Advocate, holding brief of Sri Jai Singh Parihar, learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.

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I have perused the FIR as well as the order by means of which the anticipatory bail application moved on behalf of the applicants has been rejected.

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It has been contended by the counsel for the applicants that the bail application No.57 of 2019 filed on behalf of the present applicants before the court below has been rejected by the Sessions Judge, Saharanpur, vide order dated 05.08.2019. The further contention is that the applicants has been falsely implicated in the present case. It is no injury case, as mentioned in paragraph no.7 of the affidavit filed in support of present anticipatory bail application. He has also contended that a minor dispute arose between the parties, which culminated in the lodging of present FIR against the applicants. The applicants has got no previous criminal history, as mentioned in paragraph no.12 of the affidavit filed in support of present anticipatory bail application. It has further been contended that both the accused-applicants are real brothers and they have been falsely implicated in the present case on account of Pradhan election enmity, as mentioned in paragraph no.11 of the affidavit filed in support of present anticipatory bail application. It has been further contended that matter needs a deeper and fairer investigation before any arrest should be given effect to. The applicants has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicants, Pankaj and Sagar involved in Case Crime No.249 of 2019, under Sections 307, 452, 504, 506, I.P.C., Police Station Nakur, District Saharanpur, they shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicants shall make himself available for interrogation by a police officer as and when required;

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(ii) the applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office;

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(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Let a copy of the order be issued to the learned counsel/parties concerned today itself on payment of usual charges.

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Order Date :- 5.9.2019/VKG

Pankaj and Another v. State of Up

Case brief

What is this about?

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Pankaj and Another v. State of Up

Case brief

What is this about?

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