Allowed

Mahendra and 3 Others v. State of U.P. and 2 Others

Allahabad HC1 Dec 2020ABAIL/2424/2020

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicants for a limited period until the submission of the police report under Section 173(2) Cr.P.C., subject to specific conditions including personal bond, availability for interrogation, and restrictions on influencing witnesses or leaving India.

What did the court decide?

Anticipatory bail granted for a limited period until submission of police report under Section 173(2) Cr.P.C., subject to a personal bond.

Mahendra and 3 Others Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2424 of 2020

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Applicant :- Mahendra And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shyam Murari Upadhyay,Vidit Khanna

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Mahendra, Narendra, Tata and Bata , in Case Crime No.- 389 of 2019, under Sections- 147, 148, 149, 452, 323, 504, 506, 324, 307 IPC, Police Station- Najibabad, District- Bijnor.

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There is allegation against the applicants is that all of them had attacked son of daughter of the informant with lathi-danda after entering into his house.

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Counsel for the applicant has submitted that no fracture was suffered by any of the injured. The applicants have been falsely implicated for offence under Section 307 IPC. All the injuries are found to be simple in nature. The applicants have definite apprehension that they may be arrested by the police any time.

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Learned AGA has opposed the prayer for anticipatory bail of the applicants.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.

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In the event of arrest of the applicants 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

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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 applicants shall make themselves available for interrogation by the police officer as and when required;

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(ii) The applicants 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 office;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such 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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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 applicants.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.

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The applicants are directed to produce a copy of this order downloaded from the official website of this Court 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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Order Date :- 1.12.2020 Rohit

Mahendra and 3 Others v. State of U.P. and 2 Others

Case brief

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Mahendra and 3 Others v. State of U.P. and 2 Others

Case brief

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