Allowed

Vikash Upadhyay v. State of U.P.

Allahabad HC21 Sept 2020ABAIL/2192/2020

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Vikash Upadhyay in a case involving charges of attempted murder and criminal conspiracy. With no criminal antecedents, the applicant was released on bond for six weeks or until the police report filing.

What did the court decide?

Anticipatory bail granted for six weeks or till the submission of police report under Section 173(2) Cr.P.C., subject to personal bond and conditions.

Vikash Upadhyay Vs State of U.P. — Anticipatory Bail | 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. - 2192 of 2020

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Applicant :- Vikash Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Rajnish Shukla, learned counsel for the applicant, Ms. Archana Singh, 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 applicant that the applicant is named in the F.I.R. along with co-accused Gaurav and Alok Pandey but he has been falsely implicated in the present case. He submits that though the case has been registered under section 307 I.P.C. along with other penal offences but it is a case of no injury. The applicant has 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, 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 Vikash Upadhyay involved in Case Crime No. 352 of 2016 under sections 342, 386, 307, 506 I.P.C., police station Cantt., distrct Gorakhpur, he shall be released on anticipatory bail for a period of six weeks from today or till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court whichever is earlier. 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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(i) the applicant shall make himself available for interrogation by a police office as and when required;

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(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 him from disclosing such facts to the Court or to any police office;

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(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. 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 applicant.

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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

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period of six weeks from today independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a 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.

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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 :- 21.9.2020 Shiraz

Vikash Upadhyay v. State of U.P.

Case brief

What is this about?

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Vikash Upadhyay v. State of U.P.

Case brief

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