Allowed

Mukesh and 4 Ors. v. State of U.P.

Allahabad HC8 Jul 2020ABAIL/3717/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to applicants accused of scuffling and abusing while failing social distancing. The Court set conditions including availability for interrogation and prohibition from inducing witnesses, releasing them pending the police report.

What did the court decide?

The applicants were released on anticipatory bail on furnishing personal bonds of Rs. 25,000/-each with two sureties each.

Mukesh and 4 Ors. 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. - 3717 of 2020

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Applicant :- Mukesh And 4 Ors Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri P.K. Tyagi, learned counsel for the applicants, Ms. Meena, learned A.G.A. appearing for the State and perused the record.

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At the very outset, learned AGA has pointed out that the applicants have approached this Court directly for anticipatory bail, without moving the same before the Court below.

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In reply, learned counsel for the applicants states that he has explained the reason for directly approaching this Court in para 5 of the affidavit.

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In view of the same, the Court proceed to hear the matter.

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It has been contended by the learned counsel for the applicants that the allegation is that the applicants had gone at fair price shop for taking essential commodities and they were not following the guidelines of social distancing issued by the Government during lockdown and when they were asked to follow the same, they started scuffling and abusing. He submits that the said allegations are absolutely false and frivolous. The present F.I.R. has been lodged by the complainant only on account of the fact that there was some dispute between the parties with regard to distribution of essential commodities. It is a case of no injury. The applicants have no other reported criminal antecedent. Hence the applicants are 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 they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicants Mukesh, Ram Pal, Sohan Pal, Yogendra and Shiv Kumar involved in Case Crime No.72 of 2020 under sections 147, 323, 504, 506, 188, 269, 270 I.P.C. and 3 (1) (da) S.C./S.T. Act, police station Bhawan Bahadur Nagar, District Bulandshahar, they 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 their furnishing personal bonds of Rs. 25,000/-each 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 himself 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,

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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 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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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 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 applicants.

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The applicants are 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

Mukesh and 4 Ors. v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mukesh and 4 Ors. v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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