Allowed

Atish Kumar Singh v. State of U.P.

Allahabad HC24 Sept 2020ABAIL/2375/2020

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail to the applicant in a trial pending case involving offences under multiple IPC sections. Bail was granted subject to furnishing a personal bond and two sureties, strict adherence to conduct conditions, and expeditious investigation by police without prejudice to the court's future observations on merits.

What did the court decide?

Granted interim bail upon furnishing personal bond of Rs. 25,000 with two sureties; directed police to complete investigation within three months.

Atish Kumar Singh 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. - 2375 of 2020

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Applicant :- Atish Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Km. Meena, learned A.G.A. appearing for the State and perused the record.

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On 30.7.2020, the following interim order was passed by the co-ordinate Bench:

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" 1. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.

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2. This anticipatory bail application has been filed on behalf of the applicant - Atish Kumar Singh, seeking bail in Case Crime No.121 of 2019, under Sections -147, 149, 283, 285, 307, 323, 336, 341, 352, 427, 435 I.P.C. & 7 Criminal Law Amendment Act, Police Station -Ahraura, District -Mirzapur, during the pendency of trial.

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3. Learned counsel for the applicant submits that the applicant has been falsely implicated. As to the occurrence, it has been submitted that a petty dispute has been completely blown out of proportion, as observed to that effect in the decision of the learned Session Judge dated 11.09.2019, while granting bail to the co-accused Azad Kumar alias Avinash Kumar and Sunil Kumar Singh. Copy of the said bail orders have been annexed alongwith the supplementary affidavit.

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4. In view of the above, learned AGA has received instructions but is unable to point out anything from the record/instructions as may dis-entitle grant of anticipatory bail to the applicant.

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5. However, learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.

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6. Put up this case on 20.08.2020 in the additional cause list before the appropriate Bench, and by the said date, counter affidavit be filed by learned A.G.A.

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7. Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.

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8. In the event of arrest of the applicant - Atish Kumar Singh, involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation till the date fixed, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make him available for interrogation by a police officer 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 officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

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The abovementioned interim order was further extended on 3.9.2020.

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Learned counsel for the applicant states that the applicant has no other reported criminal antecedent. The said fact is mentioned in para no. 23 of the affidavit.

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Inspite of the time granted, learned A.G.A. has not filed any counter affidavit in the matter and also could not point out any further incriminating material against the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.

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In the event of arrest of the applicant Atish Kumar Singh involved in Case Crime No.121 of 2019, under Sections -147, 149, 283, 285, 307, 323, 336, 341, 352, 427, 435 I.P.C. & 7

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Criminal Law Amendment Act, Police Station -Ahraura, District -Mirzapur he shall be released on 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 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 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 :- 24.9.2020/Deepika

Atish Kumar Singh v. State of U.P.

Case brief

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Atish Kumar Singh v. State of U.P.

Case brief

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