Allowed

Tribhuwan Singh v. State of U.P.

Allahabad HC29 Jan 2020ABAIL/1091/2020

Case brief

AI extract

What is this about?

The single judge allowed anticipatory bail to Tribhuwan Singh in a criminal case involving affray and assault. Conditions for bail were imposed including executing a bond, appearing for interrogation, and not leaving India.

What did the court decide?

Anticipatory bail granted till submission of police report with conditions including personal bond, sureties, and investigation conclusion within three months.

Tribhuwan Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1091 of 2020

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Applicant :- Tribhuwan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.

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It has been contended by learned counsel for the applicant that in the village two factions fought over a very petty issue whereupon police arrived at the place of incident. According to prosecution, stones were pelted from both the sides and superficial injuries have been sustained by both sides. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicant has no other reported criminal antecedents, 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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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 applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Tribhuwan Singh involved in Case Crime No. 124 of 2019, under Sections 160, 323, 336, 353, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Nibohara, District- Agra, he 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 his 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 applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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(iii) the applicant 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 applicant.

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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 applicant is 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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The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed .

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Order Date :- 29.1.2020 Vikas

Tribhuwan Singh v. State of U.P.

Case brief

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Tribhuwan Singh v. State of U.P.

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