Allowed

Pavitra and Another v. State of U.P.

Allahabad HC18 Dec 2020ABAIL/9127/2020

Case brief

AI extract

What is this about?

Allahabad High Court granted anticipatory bail to two applicants in a criminal case involving assault and hurt, ordering release upon furnishing bond and conditions excepting them from arrest until the police report is submitted.

What did the court decide?

Anticipatory bail granted for a limited period until the submission of the police report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs. 50,000 with two sureties.

Pavitra and Another Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9127 of 2020

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Applicant :- Pavitra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh,Pooja Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned AGA.

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Perused the material on record.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Pavitra and Surendri @ Shyam Sundari, in Case Crime No. 401 of 2020, under Sections 147, 323, 336, 352, 308 I.P.C , Police Station - Dhaulana, District - Hapud.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.

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Submission is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor.

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Learned AGA has opposed the prayer for anticipatory bail of the applicants.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedent, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sus hila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.

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In the event of arrest of the applicants 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 furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following

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conditions:-

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(i) The applicants shall make themselves 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, threat or promise to any person acquainted with the facts of the case so as to dissuade 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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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such 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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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, independently without being prejudiced by any observations 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 downloaded from the official website of this Court 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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Order Date :- 18.12.2020 SS

Pavitra and Another v. State of U.P.

Case brief

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Pavitra and Another v. State of U.P.

Case brief

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