Allowed

Kapil v. State of U.P.

Allahabad HC7 Jul 2020ABAIL/2346/2020

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court of Allahabad granted bail to the applicant, observing no criminal antecedents, subject to conditions including a bond and surrender of passport, while directing expeditious investigation.

What did the court decide?

Anticipatory bail granted till submission of police report on furnishing personal bond of Rs. 25,000 with two sureties and compliance with specified conditions.

Kapil 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. - 2346 of 2020

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Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Akash Tomar, learned counsel for the applicant, Ms. Meena, learned A.G.A. appearing for the State and perused the record.

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Learned counsel for the applicant submits that he want to file a supplementary affidavit which is with him. He is directed to file the same in the Registry of this Court after serving copy of the same in the Office of learned Government Advocate.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. So far as injuries received by the injured are concerned, the same are simple in nature. So far as criminal history of one case of the applicant is concerned, in the said case final report has been submitted, the said fact has been mentioned in para-3 of the supplementary affidavit. The applicant has no other reported criminal antecedent, hence anticipatory bail may be granted to him.

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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 Kapil involved in Case Crime No. 03 of 2020 under sections 323, 332, 353, 186 and 427 I.P.C., police station Bhawanpur, District Meerut, 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 his 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:-

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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

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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 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.

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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.

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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 :- 7.7.2020 Shiraz

Kapil v. State of U.P.

Case brief

What is this about?

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Kapil v. State of U.P.

Case brief

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