Allowed

Hem Singh v. State of U.P. and Another

Allahabad HC15 Jul 2021ABAIL/4988/2021

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail to the applicant under Section 438 Cr.P.C., considering his age, lack of criminal record, and the dispute's nature. Bail was granted on personal bond with conditions regarding availability and no tampering with evidence.

What did the court decide?

Released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000 with two sureties of the like amount.

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

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Court No. - 50

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4988 of 2021

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Applicant :- Hem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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

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This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.167 of 2017, under Sections 498A, 323, 328, 34, 120B I.P.C., Police Station - Surajpur, District - Gautam Budh Nagar during the pendency of trial.

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Urge made on behalf of the applicant is confined to the ambit that the applicant is 58 years of age. He has not committed any offence. Some liquid forcibly administered to the victim is the allegation against him, whereas, no such forcible act was done by the applicant. The victim consumed poisonous substance herself due to which she developed symptom of poison, she was taken to the hospital by the applicant's side itself. The applicant being father-in-law has no role to play in the commission of the of f ence. The dispute arose between the husband and victim which resulted to lodging of the first information report against the applicant. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the applicant.

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Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be

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released on interim anticipatory bail in this case, at this stage. Accordingly, this anticipatory bail is disposed.

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In the event of arrest of the applicant Hem Singh involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation, on his furnishing a personal bond of Rs. 50,000/- 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 applicant shall make himself available for interrogation by a police officer as and when required.

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(ii) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 15.7.2021 rkg

Hem Singh v. State of U.P. and Another

Case brief

What is this about?

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Hem Singh v. State of U.P. and Another

Case brief

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