Disposed

Lavkush Lodhi Rajpur and Another v. State of U.P. and Another

Allahabad HC2 Sept 2020ABAIL/4437/2020

Case brief

AI extract

What is this about?

Court rejected anticipatory bail application for applicant no. 1 as he was already arrested. Granting anticipatory bail to applicant no. 2 subject to bond and conditions including appearance for interrogation and restrictions on leaving India or tampering with evidence.

What did the court decide?

Anticipatory bail granted to applicant no. 2 on furnishing personal bond of Rs. 50,000/- with two sureties and compliance with specified conditions.

Lavkush Lodhi Rajpur and Another Vs State of U.P. and… — Bail and Remand | Allahabad HC (2020)

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Court No. - 52

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4437 of 2020

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Applicant :- Lavkush Lodhi Rajpur And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Ashutosh Upadhyay, learned counsel for the applicants and learned A.G.A. for the State.

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This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 195 of 2020, under Sections - 363 and 366 I.P.C., Police Station - Kotwali Nagar, District - Banda , during the pendency of trial.

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Learned counsel for the applicants submits that during the pendency of the present application, applicant no.1 has already been arrested.

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Accordingly, the anticipatory bail application filed on behalf of applicant no.1 is rejected as infructuous.

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Insofar as applicant no.2 is concerned, it has been submitted that he has been falsely implicated only to cause deep harassment, inasmuch as, the daughter of opposite party no.2 of her own free will had married applicant no.1. That marriage is stated to have been registered as both the parties to the marriage are adults. Applicant no.2 is stated to be the brother-in-law of the applicant no.1 and has been falsely implicated on account of his relationship with the said applicant.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage, with respect to applicant no.2. Without expressing any opinion on the merits of the case, the applicant

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no.2 is entitled to be released on anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant no.2 - Rajesh Rajput involved in the aforesaid case crime, he shall be released on anticipatory bail during investigation, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant no.2 shall make him available for interrogation by a police officer as and when required.

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(ii) The applicant no.2 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 officer or tamper with the evidence.

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(iii) The applicant no.2 shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant no.2.

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Accordingly, the anticipatory bail application is disposed of , in respect of applicant no.2 .

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Order Date :- 2.9.2020 Prakhar

Lavkush Lodhi Rajpur and Another v. State of U.P. and Another

Case brief

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Lavkush Lodhi Rajpur and Another v. State of U.P. and Another

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