Allowed

Bittu Tyagi v. State of U.P.

Allahabad HC2 Jun 2020ABAIL/2564/2020

Case brief

AI extract

What is this about?

In-chamber judgment granting anticipatory bail in a case under Sections 147, 148, 149, 323, 307 IPC. Court applied Sushila Aggarwal guidelines, ordered bail until police report, and issued standard conditions for bond, appearance, and non-interference.

What did the court decide?

Released on anticipatory bail on furnishing personal bond of Rs.25,000/- with two sureties until submission of police report under Section 173(2) Cr.P.C. Conditional on appearance, non-interference, a

Bittu Tyagi Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2564 of 2020

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Applicant :- Bittu Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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This bail application is being disposed of as per the order dated 4.4.2020 of Hon'ble the Chief Justice.

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Notice of this application was served on the Government Advocate on 17.3.2020 but as yet no objection has been filed on behalf of the State.Notice on Government Advocate is sufficient as per section 438(3) Cr.P.c. (U.P. Amendment).Hence this application is being finally decided.

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The instant anticipatory bail application has been filed on behalf of the applicant, Bittu Tyagi, with a prayer to release him on bail in Case Crime No. 68 of 2020, under Sections 147, 148, 149, 323, 307 I.P.C., Police Station- Hapur Dehat, District- Hapur, during pendency of trial.

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The allegation against the applicant is of making attempt on life of injured by dangerous weapon.It has been averred in the affidavit filed in support of anticipatory application that applicant has been falsely implicated in this case.The incident took place in busy place but no public witness has been mentioned.The First Information Report is delayed by sixteen days Applicant has no criminal history. Applicant has definite apprehension of his arrest by the police

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Learned AGA has opposed the prayer for anticipatory bail of 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 anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the

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case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 .

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In the event of arrest of the applicant 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:-

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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 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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(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 applicant.

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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 applicant.

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The applicant is 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 :- 2.6.2020 Atul kr. sri.

Bittu Tyagi v. State of U.P.

Case brief

What is this about?

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Bittu Tyagi v. State of U.P.

Case brief

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