Allowed

Sheshmani and Another v. State of U.P. and Another

Allahabad HC23 Jun 2021ABAIL/4096/2021

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Sheshmani and Bhupendra Kumar Maurya in a pending trial involving multiple charges including Section 308 and Section 427 IPC. The order imposes a monetary bond of Rs. 50,000 each along with standard conditions without expressing an opinion on the merits of the charges.

What did the court decide?

Anticipatory bail granted till conclusion of trial upon furnishing a personal bond of Rs. 50,000 each with two sureties, subject to conditions regarding police interrogation, tampering, and travel abr

Sheshmani and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4096 of 2021

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Applicant :- Sheshmani And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State through video conference.

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This anticipatory bail application has been filed on behalf of the applicants - Sheshmani & Bhupendra Kumar Maurya , seeking anticipatory bail in Case Crime No.107/2019, under Sections -308, 147, 149, 151, 152, 186, 188, 189, 283, 332, 336, 341, 353, 427, 504, 506 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station -Kotwali Dehat, District -Mirzapur , during the pendency of trial.

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While the bail application has been opposed by learned AGA, learned counsel for the applicants states that the applicants have no criminal history and that the coaccused Harishankar Maurya, against whom exact similar allegation has been made, has already been granted anticipatory bail by this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1341 of 2021 vide order dated 25.01.2021. For the reasons contained in that order, the present applicants are also entitled for anticipatory bail.

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At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicants are entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicants - Sheshmani & Bhupendra Kumar Maurya , involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond

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of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicants shall make themselves available for interrogation by a police officer 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicants shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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7. Present application stands disposed of .

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Order Date :- 23.6.2021 S.Chaurasia

Sheshmani and Another v. State of U.P. and Another

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Sheshmani and Another v. State of U.P. and Another

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