Allowed

Ayush Dixit @ Sumit and 3 Others v. State of U.P. and Another

Allahabad HC12 Feb 2020ABAIL/1130/2020

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Anticipatory Bail Application was admitted. The court granted anticipatory bail to the applicants, subject to specific conditions including furnishing a bond, appearing for interrogation, and prohibiting inducement or absence from India. The investigation was directed to be concluded within four months.

What did the court decide?

Grant of anticipatory bail with a personal bond of Rs. 50,000/- and two sureties, subject to ten specific conditions.

Ayush Dixit @ Sumit and 3 Others Vs State of U.P. and… — 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. - 1130 of 2020

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Applicant :- Ayush Dixit @ Sumit And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicants submitted that before marriage of applicant no. 1 took place with daughter of opposite party no. 2 certain illegal demands were made by the applicants on account of which marriage could not take place. It is stated that entire allegations in the F.I.R. are absolutely false and fabricated and infact daughter of opposite party no. 2 was not willing to marry with the applicant and later on some differences arose between the parties which resulted into the present F.I.R. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.

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

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having 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 Ayush Dixit @ Sumit, Smt. Shobha, Anuj Dixit, Neha Dixit involved in Case Crime No. 32 of 2020, u/s 504, 506 IPC read with Section 3/4 D.P. Act,P.S. Farrukhabad Kotwali, District Farrukhabad, 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. 50,000/- 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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that the applicants shall make themselves available for interrogation by a police officer as and when required;

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that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicants shall not leave India without the previous permission of the court;

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that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants;

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that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicants;

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that the applicants are directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

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that the applicants shall not pressurize/ intimidate the prosecution witness;

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that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the court of session, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/ committal of the case to the Court of Sessions.

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

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Order Date :- 12.2.2020 Dhirendra/

Ayush Dixit @ Sumit and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ayush Dixit @ Sumit and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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