Allowed

Raj Kiran @ Neeraj Maurya v. State of U.P.

Allahabad HC8 Dec 2021ABAIL/6727/2021

Case brief

AI extract

What is this about?

This single-paragraph order granted anticipatory bail to the applicant in a pending criminal trial for offences including FTPC 366. The court held the application merited no reasons in principle and directed release on a personal bond of Rs. 50,000 with two sureties.

What did the court decide?

Release on anticipatory bail subject to a personal bond of Rs. 50,000 with two sureties and standard conditions of appearance.

Raj Kiran @ Neeraj Maurya Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6727 of 2021

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Applicant :- Raj Kiran @ Neeraj Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh 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 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 - Raj Kiran @ Neeraj Maurya , seeking anticipatory bail in Case Crime No. 0338 of 2018, under Sections - 363, 366, 376 IPC, Section 4 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station - Dewarnia, District - Bareilly, during the pendency of trial.

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While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that the applicant has been falsely implicated in the FIR though he had no concern with the relationship formed by the co-accused Chokhelal with the alleged victim girl Sanjana. In any case Chokhelal has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application No. 5511 of 2021 vide order dated 28.5.2021. The alleged victim girl has been recovered and at present she is stated to be cohabiting with Chokhelal. The applicant is stated to have no criminal history.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant 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 applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Raj Kiran @ Neeraj Maurya , involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, 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

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of the police station/Court 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/her 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 officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Present application stands disposed of .

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Order Date :- 8.12.2021 Faraz

Raj Kiran @ Neeraj Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kiran @ Neeraj Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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