Allowed

Rajeev Jain v. State of U.P.

Allahabad HC13 Dec 2021ABAIL/6932/2021

Case brief

AI extract

What is this about?

The Court converted the interim anticipatory bail granted on 07.10.2021 into a final order effective until the filing of the police report. The applicant must furnish a bond, appear for interrogation, and not leave India.

What did the court decide?

Interim anticipatory bail made absolute until filing of police report under Section 173(2) Cr.P.C. on conditions including bond, interrogation, and surrender of passport.

Rajeev Jain Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6932 of 2021

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Applicant :- Rajeev Jain Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Ishir Sripat,Vineet Vikram Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi,Prateek Prajapati

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Hon'ble Samit Gopal,J.

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Heard Sri Ishir Sripat, learned counsel for the applicant and Sri Raj Kumar Gupta, learned counsel for the State and perused the record.

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The applicant was granted interim anticipatory bail vide order dated 07.10.2021 by a co-ordinate Bench of this Court. The said order is quoted herein below:-

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"This application under Section 438 Cr.P.C. has been filed by the applicant with the prayer to grant him anticipatory bail in Case Crime No.73 of 2021, under Sections 420, 467, 468, 471, 406 and 120-B IPC, Police Station-Surajpur, District-Gautam Budh Nagar.

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Heard learned counsel for the applicant and learned AGA for the State.

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Learned counsel for the applicant has submitted that parties have arrived at compromise and the same has been acted upon. Consequently, property in question has been transferred in favour of the company of the firstinformant.

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Shri Nanhe Lal Tripathi, learned counsel for the first informant has also conceded to this fact of compromise.

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Learned AGA shall file counter affidavit within a period of three months.

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Let the case be listed in week commencing 8.11.2021, for final hearing.

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As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case. Hence, in the event of arrest of the applicant, he shall be released on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Arresting Officer, subject to the following conditions :

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(i) the applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him for the purpose of interrogation and the accused-applicant is obliged to abide by such directions.

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(ii) the applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

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Since the applicant has been granted interim anticipatory bail vide order dated 07.10.2021, the same is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make himself available for interrogation by a police office 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order..

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The present anticipatory bail application is allowed.

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Order Date :- 13.12.2021 M. ARIF

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(Samit Gopal, J.)

Rajeev Jain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajeev Jain v. State of U.P.

Case brief

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