Allowed

Rajendra Yadav and Anr. v. State of U.P.

Allahabad HC23 Sept 2020ABAIL/1519/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to father and son applicants accused under IPC sections 328, 447, 506 regarding a sale deed execution involving a mentally retarded informant, directing investigation completion and police report submission.

What did the court decide?

Anticipatory bail granted till submission of police report under section 173(2) Cr.P.C. on furnishing personal bonds of Rs. 25,000/- with two sureties each in like amount.

Rajendra Yadav and Anr. Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1519 of 2020

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Applicant :- Rajendra Yadav And Anr Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Sheo Shankar Tripathi, learned counsel for the applicants, Kumari Meena, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicants that the applicants, who are father and son, are said to have facilitated in execution of the sale deed in favour of the coaccused persons, which was executed by the son of the informant, who was mentally retarded. He further submits that there is no medical examination report of the victim for offence under section 328 IPC. The applicants have no other reported criminal antecedent.

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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 and considering the nature of accusation and the fact that they have 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 Rajendra Yadav and Mahendra Yadav , involved in Case Crime No. 834 of 2019, under sections 328, 447, 506 IPC, P.S. Khorabar, District Gorakhpur 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 furnishing personal bonds 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 themselves 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 from disclosing such facts to

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the Court or to any police officer;

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(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. /Competent Court 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 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 applicants.

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

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 23.9.2020 Tamang

Rajendra Yadav and Anr. v. State of U.P.

Case brief

What is this about?

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Rajendra Yadav and Anr. v. State of U.P.

Case brief

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