Allowed

Vikrant Singh Rajpoot v. State of U.P. and Another

Allahabad HC12 May 2021ABAIL/4539/2021

Case brief

AI extract

What is this about?

The Single Bench allowed an anticipatory bail application filed under Section 438 Cr.P.C. Granted bail for a limited period until 03.01.2022 on special grounds due to life-threatening risks from the second wave of the Novel Corona Virus, subject to specific conditions regarding address, travel, investigation, and court appearances.

What did the court decide?

Anticipatory bail granted for a limited period till 03.01.2022 subject to 12 specific conditions regarding address, travel, investigation, and court appearances.

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

¶1

Court No. - 73

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4539 of 2021

¶3

Applicant :- Vikrant Singh Rajpoot Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.

¶6

Heard learned counsel for the applicant and learned A.G.A for State through video conferencing.

¶7

The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Vikrant Singh Rajpoot , in Case Crime No. 352 of 2020, under Sections- 323, 504, 506 IPC and Section 3(1)(d), 3(1)(dh) SC/ST Act, Police Station- Mau Darwaja, DistrictFarrukhabad.

¶8

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.

¶9

Charge sheet has already been submitted against the applicant. Without disclosing the full facts about the proceedings conducted after filing of charge sheet by the Investigating Officer in Court and what is the stage of proceedings before the Court below, this anticipatory bail application has been filed.

¶10

Counsel for the applicant submits that there is grave apprehension to the life of the applicant, in case he is directed to surrender before Court below for the purpose of grant of regular bail, on account of the threat to his life posed by second wave of Novel Corona Virus. Applicant may be protected till the wave subsides and the normalcy returns in society and

¶11

Courts both. The applicant cannot get any document from the Court below at present on account of closure and irregular functioning of court below and the applicant would get arrested if the matter is postponed to future date.

¶12

Keeping in view the judgment of this Court in Criminal Misc. Anticipatory Bail Application No. 4002 of 2021, Prateek Jain vs. State of U.P., dated 10.05.2021 this application is being disposed of.

¶13

In case of his arrest, the applicant shall be enlarged on anticipatory bail for a limited period, till 03.01.2022 on the following conditions:-

¶14

The applicant shall, at the time of execution of the bond, furnish his address and mobile number and shall not change the residence till the conclusion of investigation/ trial without informing the Investigating Officer of the police/ the Court concerned of change of address and the reasons for the same before changing the same.

¶15

The applicant shall not leave the country during the currency of trial/investigation by police without prior permission from the concerned trial Court.

¶16

The applicant shall not obstruct or hamper the police investigation and not play mischeif with the evidence collected or yet to be collected by the Investigating Officer of the police;

¶17

The applicant shall surrender his passport, if any, to the concerned Court/Investigating Officer forthwith. His passport will remain in custody of the concerned Court/ Investigating Officer till the investigation is completed. In case he has no passport, he will file his affidavit before the Court/ Investigating Officer concerned in this regard.

¶18

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

¶19

The applicant shall maintain law and order.

¶20

The applicant shall file an undertaking to the effect that she shall not seek any adjournment before the trial court on the dates fixed for evidence and when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the

¶21

applicant.

¶22

In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application.

¶23

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

¶24

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶25

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.

¶26

The applicant is warned not to get himself implicated in any crime and should keep distance from the informant and not to misuse the liberty granted hereby. Any misuse of liberty granted by this Court would be viewed seriously against the applicant in further proceedings.

¶27

This anticipatory bail application is being allowed on account of special conditions and on special ground. The normal grounds, settled for the grant of anticipatory bail, have not been considered by this Court and it would be open for the applicant to approach this Court again, if so adviced, in changed circumstances.

¶28

The anticipatory bail application is allowed.

¶29

Order Date :- 12.5.2021 Rohit

Vikrant Singh Rajpoot v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vikrant Singh Rajpoot v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kothari Bharti Vs State of U.P. and Another

Hina Fazali Vs State of U.P. and Another

Jagveer Chaudhary Vs State of U.P.

Nitin and 4 Others Vs State of U.P. and Another

Mr. Atul Gupta and Another Vs State of U.P.

Mohd. Rizwan Vs State of U.P. and Another