Allowed

Bhuwenendra Singh v. State of U.P.

Allahabad HC16 Dec 2021ABAIL/19469/2021

Case brief

AI extract

What is this about?

This interim order grants anticipatory bail to the applicant for the duration of the investigation in a case involving theft and mischief, subject to specific conditions regarding police interrogation, conduct, and surrender of passports.

What did the court decide?

Grant of interim anticipatory bail upon furnishing a bond of Rs. 50,000/:- with two sureties and compliance with specified conditions pending investigation report.

Bhuwenendra Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19469 of 2021

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Applicant :- Bhuwenendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Rathor,Ashish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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In Re:- Criminal Misc. Exemption Application No.1 of 2021

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The exemption application is allowed.

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Order on Bail Application

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

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This is the second anticipatory bail application moved on behalf of applicant with a prayer to enlarge him on anticipatory bail in Case Crime No.140 of 2021, under Section 379, 411 I.P.C., Section 4/21 Mines and Minerals Act, 1957 and Section 3/5 Public Property Damages Act, 1984, P.S.- Panwari, District Mohoba.

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The first anticipatory bail application was dismissed by this Court vide order dated 01.11.2021 for want of prosecution.

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It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant is the owner of the Mahindra tractor D.I. 265, red colour, Engine No.RJC20BL4992 and Chasis No. MBNAAACFLJRC05932. The applicant has no criminal history. He is not a prior convict by any court of law and it is being assured that he will co-operate with the investigating agency, in the process of the law and shall not create any hindrance to reach to its logical conclusion and shall not flee away from the course of justice. The tractor driver was earlier granted regular bail by the court below and his case is on better footing than that of the driver.

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Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that there is nothing on record to satisfy that the police personnel are after the applicant to arrest him. The alleged apprehension on behalf of the applicant is imaginary and unfounded one. Learned A.G.A.

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has also submitted that on the basis of seriousness of the allegations made in the F.I.R., the applicant is not entitled for any relaxation from this Court.

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After the close scrutiny of Section 438 Cr.P.C.(U.P. Act No.4 of 2019) and its relevant clauses, the Court is satisfied that the applicant has made out the case for interim order protecting the liberty of applicant in connection with aforesaid case crime pending investigation.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the investigation and subsequent stage of the case, the Court directs that in the event of arrest of the applicant- Bhuwenendra Singh in aforesaid case crime, he shall be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Arresting Officer till the submission of report under section 173(2) Cr.P.C. by the investigating officer with the conditions that :

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(i) The applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him for the purposes of interrogation and the accused-applicants are obliged to abide by such directions.

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(ii) The applicant/applicants shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.

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(iii) In the event the applicant is having his passports, he will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.

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In the event, the applicant breach or attempt to breach any of the aforesaid conditions or wilfully violate above conditions or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of interim protection and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same.

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Order Date :- 16.12.2021 Radhika

Bhuwenendra Singh v. State of U.P.

Case brief

What is this about?

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Bhuwenendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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