Ankush Mangal @ Ankush Singal Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

Ankush Mangal @ Ankush Singal Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Ankush Mangal @ Ankush Singal in Case Crime No. 953 of 2019: release in the event of arrest till submission of police report under section 173(2) Cr.P.C., on personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement/threat/promise; no departure from India without permission and deposition of passport); liberty to the Investigating Officer to seek cancellation on default; investigation to be concluded preferably within three months of production of certified copy of the order.

Issue for consideration

Whether the applicant, apprehending arrest in Case Crime No. 953 of 2019 (Sections 41/102 Cr.P.C. & 414 IPC, P.S. Sikandra, District Agra) on the allegation that gambling was carried out at his behest, is entitled to anticipatory bail.

Court's answer

Without expressing any opinion on the merits of the case, and considering the nature of accusation and the fact that the applicant has no criminal antecedents, the applicant is entitled to be released on anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail till submission of the 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 concerned, subject to conditions: (i) availability for interrogation by a police officer as and when required; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) not to leave India without previous permission of the Court and deposition of passport, if any, before the S.S.P./S.P. concerned.

Key takeaways

In default of any of the bail conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶14
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within three months from the date of production of a certified copy of the order, independently and without being prejudiced by any observation made by the Court; the applicant is to produce a certified copy of the order before the S.S.P./S.P. concerned within ten days.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail granted (S. 438 Cr.P.C.) to Ankush Mangal @ Ankush Singal in Case Crime No. 953 of 2019, Sections 41/102 Cr.P.C. & 414 IPC, P.S. Sikandra, District Agra, where the informant alleged gambling was carried out at the applicant's behest. Without expressing any opinion on the merits, and considering the nature of the accusation and the absence of criminal antecedents, the Court directed that in the event of arrest the applicant be released on anticipatory bail till submission of the police report, if any, under section 173(2) Cr.P.C., on a personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement, threat or promise; no departure from India without previous permission and deposition of passport before the S.S.P./S.P.). On default of conditions the Investigating Officer may seek cancellation; the Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months of production of a certified copy of the order, uninfluenced by the Court's observations.

Court No. - 2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 829 of 2020

Applicant :- Ankush Mangal @ Ankush Singal Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.

Hon'ble Suneet Kumar,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No.953 of 2019, under Sections 41/102 Cr.P.C. & 414 IPC, Police Station Sikandra, District Agra.

Allegation against the applicant is that informant alleged that gambling is being carried out at the behest of the applicant. It is urged by learned counsel for the applicant that he has been falsely implicated and apprehends his arrest; there is no other evidence.

Learned A.G.A. opposed the prayer for bail.

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.

In the event of arrest of the applicant- Ankush Mangal @ Ankush Singal , involved in the aforesaid case, 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:-

(i) the applicant shall make himself available for interrogation by a police office as and when required;

(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;

(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.

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.

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 certified 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.

The applicant is directed to produce a certified 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.

Order Date :- 28.1.2020 Mukesh Kr.