Allowed

Aakash @ Prakash v. State of U.P.

Allahabad HC18 Feb 2020ABAIL/1750/2020

Case brief

AI extract

What is this about?

The single judge allowed an anticipatory bail application filed by an applicant accused of offences including Section 354-B IPC. The court granted bail with specific conditions, including investigation within four months and trial within one year, subject to satisfaction of bond and sureties.

What did the court decide?

Grant of anticipatory bail on furnishing personal bond of Rs. 50,000 with two sureties each in the like amount.

Aakash @ Prakash 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. - 1750 of 2020

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Applicant :- Aakash @ Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Vipin Chandra Pandey, 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 the applicant is wholly innocent and has been falsely implicated in this case. In fact, the applicant and the first informant are immediate neighbours and the father of first informant had taken loan of Rs.1 lakh from the applicant in connection with his son's marriage which was not paid by him. On the fateful day, the applicant and his mother was assaulted by the first informant and other family members and they have sustained injuries. Copy of injury report has been annexed as Annexure-4 to the affidavit. He has further submitted that there is no medical report of both the victims and an application under Section 156(3) Cr.P.C. has also been filed by the applicant for registration of the F.I.R. The matter needs deeper and fairer investigation before any arrest should be given effect to. 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- Aakash @ Prakash involved in Case Crime No. 268 of 2019, under Sections 354-B, 323, 504 I.P.C., Police Station- Khergarh, District- Agra, he shall be released on anticipatory bail on his 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 applicant shall make himself available for

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interrogation by a police officer as and when required;

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that the applicant 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 officer or tamper with the evidence;

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that the applicant 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 applicant;

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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 applicant;

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that the applicant is 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 applicant shall not tamper with the evidence during the trial;

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

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that the applicant 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 Sessions, 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 aforesaid, the present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed .

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Order Date :- 18.2.2020/Vikas

Aakash @ Prakash v. State of U.P.

Case brief

What is this about?

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Aakash @ Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

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