Allowed

Rajendra Prasad v. State of U.P.

Allahabad HC21 Sept 2020ABAIL/1918/2020

Case brief

AI extract

What is this about?

The单 Justice Ramesh Sinha granted anticipatory bail to Rajendra Prasad under S. 438 Cr.P.C. Conditioned it on furnishing a personal bond, availability for interrogation, no inducement, and restrictions on leaving India. Directed expeditious investigation within three months.

What did the court decide?

Anticipatory bail granted conditioned on personal bond of Rs. 25,000 with two sureties, appearance for interrogation, no inducement, and residence restriction.

Rajendra Prasad Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1918 of 2020

¶3

Applicant :- Rajendra Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Anand Kumar Pandey,Satya Prakash Rathor Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ramesh Sinha,J.

¶5

Kumari Meena, learned A.G.A.submitted that as per instruction received, applicant has no criminal history and the Investigating Officer was issued a show cause notice by the S.S.P., Jhansi and she is directed to file personal affidavit of S.S.P. Jhansi, in the Registry of this Court within a period of three days.

¶6

Heard Sri Ashish Pandey, learned counsel for the applicant, Kumari Meena, learned A.G.A. appearing for the State and perused the record.

¶7

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and the applicant has been granted interim relief by this Court vide order dated 25.6.2020 in the present anticipatory bail application, which was extended from time to time. The applicant has no other reported criminal antecedent.

¶8

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

¶9

Without expressing any opinion on the merits of the case and 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.

¶10

In the event of arrest of the applicant Rajendra Prasad , involved in Case Crime No.82 of 2019, under sections 379, 411, 413, IPC and sections 3,4 Prevention of Public Property Damages Act and section 207 Motor Vehicle Act, 1988, P.S. Kakarbai, District Jhansi, 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 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:-

¶11

(i) the applicant shall make himself available for interrogation

¶12

by a police officer as and when required;

¶13

(ii) 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 from disclosing such facts to the Court or to any police officer;

¶14

(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. /Competent Court concerned.

¶15

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.

¶16

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 applicant.

¶17

The applicant is 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.

¶18

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.

¶19

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.

¶20

Order Date :- 21.9.2020 Tamang

Rajendra Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra Prasad v. State of U.P.

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

Vikas Pal Vs State of U.P.

Pawan Kumar Srivastava Vs State of U.P.

Maya Devi @ Mayvati Vs State of U.P.

Vikash Upadhyay Vs State of U.P.

Mustakeem Vs State of U.P.

Mukesh Kumar Vs State of U.P.