Allowed

Akash Niranjan and 2 Others v. State of U.P. and Another

Allahabad HC14 Dec 2021ABAIL/1109/2020

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed by three applicants facing charges under Sections 498-A, 323, and 507 IPC. Bail was granted pending the filing of the police report after successful referral to mediation failed.

What did the court decide?

Interim and final anticipatory bail granted pending submission of police report under Section 173(2) Cr.P.C. with conditions.

Akash Niranjan and 2 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1109 of 2020

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Applicant :- Akash Niranjan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Mishra,Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.,Chandra Prakash Tiwari,Shiv Babu Dubey

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Hon'ble Ram Krishna Gautam,J.

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Learned counsel for both sides submitted that mediation proceeding has failed and chargesheet could not be filed because of this interim order.

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After perusal of order dated 6.2.2020, it is clear that matter was referred to mediation and till then, an interim order was there for no proceeding in the matter. But as the mediation has failed, the investigation is now to conclude and chargesheet, if any, is to be filed.

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Under above facts and circumstances and in view of law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, this anticipatory bail application is being allowed and anticipatory bail is being granted till submission of police report under Section 173(2) of Cr.P.C. Meaning thereby, this anticipatory bail application is being allowed till submission of police report under Section 173(2) of Cr.P.C., subject to following conditions:-

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In case of arrest, the applicants, Akash Niranjan, Than Singh and Smt. Sudama , involved in Case Crime No. 204 of 2019, under Sections 498-A, 323, 507 I.P.C. & 3/4 of D.P. Act, Police Station Gursarai, District Jhansi, are directed to be enlarged on anticipatory bail in above case crime number, till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court on their furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station/ court concerned with the following conditions:-

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(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;

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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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicants shall not leave the country 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/Court concerned;

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In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid observations, this anticipatory bail application is finally disposed off.

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Order Date :- 14.12.2021 Kamarjahan

Akash Niranjan and 2 Others v. State of U.P. and Another

Case brief

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Akash Niranjan and 2 Others v. State of U.P. and Another

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