Allowed

Sevti Alias Seti and 3 Others v. State of U.P. and 2 Others

Allahabad HC29 Jan 2020ABAIL/1168/2020

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicants under Section 438 Cr.P.C. pending investigation, subject to a personal bond of Rs. 25,000/- with two sureties and specific conditions regarding availability for interrogation and non-interference.

What did the court decide?

Granted anticipatory bail subject to a personal bond of Rs. 25,000/- with two sureties and conditions including availability for interrogation and non-interference.

Sevti Alias Seti and 3 Others Vs State of U.P. and 2… — Anticipatory Bail | Allahabad HC (2020)

¶1

Court No. - 54

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1168 of 2020

¶3

Applicant :- Sevti Alias Seti And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Deepak Singh Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Sri Deepak Singh Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶6

This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0269 2019 under sections 147, 148, 149, 307, 354, 452, 323, 504, 506 and 427 I.P.C., Police Station Dholna, District, Kasganj, during pendency of investigation.

¶7

As per F.I.R lodged by the opposite party no. 3, it is stated that applicants namely, Sevti @ Seti, Mokam Singh, Hukum Singh and Rajwati came at the residence of the informant and threatened for dire consequences, in which one of the coaccused Sevti @ Seti fired upon informant, which was misfired. The co-accused Sevti @ Seti and Rajbahadur Singh misbehaved with lady namely, Jaimala.

¶8

The contention raised by learned counsel for the applicants that the aforesaid first information report has been lodged as a counter blast as the applicant-4, Smt. Rajwati lodged a first information report on 10.5.2019 against the brother of the informant namely, Hari Singh, registered as Case Crime No. 0078 of 2019, under Sections 452, 376, 504, 506 IPC. It is further contended by learned counsel for the applicants that they have falsely been implicated in the present case. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation.

¶9

Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.

¶10

Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicants, looking to the fact that no serious injuries are found and both the sides have assaulted each other and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on

¶11

anticipatory bail in this case.

¶12

In the event of arrest of the applicants, Sevti @ Seti, Mokam Singh, Hukum Singh and Rajwati involved in the aforesaid case, 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.

¶13

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

¶14

(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/her/them from disclosing such facts to the Court or to any police officer;

¶15

(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.

¶16

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

¶17

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 prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

¶18

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.

¶19

Order Date :- 29.1.2020 Noman

Sevti Alias Seti and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sevti Alias Seti and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rayal Yadav and 2 Otehrs Vs State of U.P. and Another

Shailendra Tiwari Vs State of U.P.

Bhikhari Alias Bheekam Vs State of U.P.

Anand Shanker Gupta Vs State of U.P. and Another

Rajesh Singh Vs State of U.P.

Amit Kumar Vs State of U.P. and Another