Allowed

Bhikhambar Dixit v. State of U.P. and Another

Allahabad HC8 Jul 2020ABAIL/3476/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C, the Hon'ble Court granted anticipatory bail to the applicant and exempted him from filing a certified copy of the FIR due to COVID-19 constraints, directing expeditious investigation.

What did the court decide?

Anticipatory bail granted pending submission of police report; filing of certified copy of FIR exempted.

Bhikhambar Dixit Vs State of U.P. and Another — Cheating and Forgery | 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. - 3476 of 2020

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Applicant :- Bhikhambar Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rateesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Kartikey Singh, Advocate holding Rateesh Singh, learned counsel for the applicant, Ms. Meena, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.

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An exemption application has been filed on behalf of the applicant along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID-19.

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The exemption application is allowed.

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The filing of certified copy of the F.I.R. is hereby exempted.

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It has been contended by the learned counsel for the applicant that though the case is of the year 2017 but till no charge-sheet has been submitted and investigation is still pending, the said fact has been mentioned in para-5 of the affidavit. He submits that the applicant is the marginal witness of the will deed in question. He further submits that the complainant is an stranger and he has no concern with the disputed will deed. The applicant has no other reported criminal antecedent. Hence the applicant is entitled to be released on bail.

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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 Bhikhambar Dixit involved in Case Crime No. 255 of 2017 under sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C., police station Vrindavan, District Mathura, 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 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 :- 8.7.2020 Shiraz

Bhikhambar Dixit v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhikhambar Dixit v. State of U.P. and Another

Case brief

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