Allowed

Aakash Dubey and 2 Others v. State of U.P.

Allahabad HC3 Jun 2020ABAIL/2711/2020

Case brief

AI extract

What is this about?

This chamber order grants anticipatory bail to the applicants in a case involving sections 147, 148, 149, 307 IPC. The court allowed the application for a limited period until the filing of the police report, subject to a bond and specific conditions.

What did the court decide?

Anticipatory bail granted for a limited period subject to a personal bond of Rs. 25,000 with two sureties each and compliance with specified conditions.

Aakash Dubey and 2 Others 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. - 2711 of 2020

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Applicant :- Aakash Dubey And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard learned counsel for the applicant and Sri R.K. Srivastava, learned AGA through Video Conferencing.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Aakash Dubey, Shailesh Mishra and Suraj Dubey, in Case Crime No. 225 of 2020, under Sections 147, 148, 149, 307, 504, 506 IPC Police Station - Saray Inayat, District - Prayagraj.

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Sufficient notice of this application has been given to the Government Advocate, but no objection has been filed. Hence there is no justification for granting further time to learned AGA as per Section 438 (3) Cr.P.C. (U.P. Amendment) Application is being decided finally.

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It has been contended by learned counsel for the applicant that general allegation of firing has been made against all the accused persons. No specific role has been assigned. There is no injury found on vital part of the injured. The applicants allege false implication in this case on account of village politics. The applicants have apprehension that they may be arrested by the police at 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 his 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 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 a police office 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 them 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

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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 :- 3.6.2020 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.03 16:08:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Aakash Dubey and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aakash Dubey and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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