Allowed

Rajesh Verma and 3 Others v. State of U.P.

Allahabad HC17 Aug 2021ABAIL/6082/2021

Case brief

AI extract

What is this about?

The Single Judge in Allahabad High Court allowed an anticipatory bail application under Section 438 Cr.P.C. for four applicants accused in a suicide death involving threats and false attribution of obscene photographs. Bail was granted subject to conditions regarding bond and appearance until the charge sheet submission.

What did the court decide?

Anticipatory bail granted pending filing of charge sheet, on personal bond of Rs. 25,000 with two sureties each.

Rajesh Verma and 3 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6082 of 2021 Applicant :- Rajesh Verma And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Tiwari,Vivek Kumar Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This is an application of the anticipatory bail given by the applicants Rajesh Verma, Shivam Sharma @ Shivam Verma, Ishika Verma and Nootan Verma , in Case Crime No. 674 of 2020, under Section 306 I.P.C., P.S.- Jagdishpura, District - Agra. The first information report version is that one Shailendra happens to be the son of the informant committed suicide live on facebook. Prior to suicide, the police informed the informant that Shailendra is going to commit suicide. The first information report was lodged and during investigation it came in the knowledge of the police that the deceased used to talk on phone regularly with the accused persons, out of whom one has been Ishika Verma who happens to be the girl, attracted the deceased, in her love and the applicants were regularly demanding Rs. 50 lakhs from the deceased and giving threatening that they will defame him by making his obscene photographs with Ishika viral on facebook, instagram on internet due to which the deceased was in great tension and lastly, he committed suicide.

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The submission of the learned counsel for the appellants is that there is no evidence against the applicants and there is no reason to believe that the applicants in any way abetted the deceased for committing suicide. Only on the basis of suspicion, the first information report has been lodged. The applicants have been falsely implicated in the present case, hence they are entitled for the benefit of anticipatory bail. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that the police has already filed charge sheet

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against one of the co-accused Rohit Sharma.

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In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application and the fact that there appears no visible communication of the applicants with the deceased that they have abetted the deceased for committing suicide, I find it to be a fit case in which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed till submission of charge sheet only.

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In the event of arrest, the applicants namely Rajesh Verma, Shivam Sharma @ Shivam Verma, Ishika Verma and Nootan Verma be released on anticipatory bail in Case Crime No. 674 of 2020, under Section 306 I.P.C., P.S.- Jagdishpura, District - Agra, on furnishing a personal bond of Rs. 25,000/with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-

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1)The applicants shall make themselves available for interrogation by a police officer as and when required;

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2)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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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3)The applicants shall not leave India without the previous permission of the court;

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4)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 applicants.

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In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.

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

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The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.

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

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Order Date :- 17.8.2021 sailesh

Rajesh Verma and 3 Others v. State of U.P.

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Rajesh Verma and 3 Others v. State of U.P.

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