Allowed

Pawan Kumar Srivastava v. State of U.P.

Allahabad HC18 Sept 2020ABAIL/4446/2020

Case brief

AI extract

What is this about?

An anticipatory bail application under Section 438 Cr.P.C. was admitted. The court ordered the release of the applicant on a personal bond of Rs. 25,000 with two sureties, subject to standard conditions, and directed the investigation to be completed within three months.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 25,000 with two sureties, subject to standard conditions; investigation directed to be concluded within three months.

Pawan Kumar Srivastava Vs State of U.P. — Mining and Natural Resources | 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. - 4446 of 2020

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Applicant :- Pawan Kumar Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Bhuwan Raj Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Bhuwan Raj, learned counsel for the applicant, A.K. Sand, learned A.G.A. appearing for the State and perused the record.

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Learned A.G.A. states that in compliance of the order dated 17.09.2020, he received instructions about the criminal history of the applicant and one criminal case of the year 2008 under Sections 323, 504, 506, 286, 452 IPC was shown against the applicant in which he has been acquitted on 04.08.2012, by the court below.

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It has been contended by the learned counsel for the applicant that the applicant is the owner of the tractor which was used for the mining and neither the applicant was driving the vehicle nor he was present at the place of incident. It is further contended that the applicant has been falsely implicated in this case due to frictions with the local police.

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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, 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 Pawan Kumar Srivastava involved in Case Crime No 0069 of 2020, under Sections 379, 411 IPC and Section 4(1)A, 21 of the Mines and Minerals (Development and Regulation Act, Sections 3, 57, 7 of the U.P. Minor Minerals (Concession) Rules, 1963, Police Station Khiri, District Prayagraj, 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 before the concerned Court/Authority/Official.

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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 :- 18.9.2020 A. Dewal

Pawan Kumar Srivastava v. State of U.P.

Case brief

What is this about?

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Pawan Kumar Srivastava v. State of U.P.

Case brief

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