Allowed

Ashish Soni v. State of U.P. and Another

Allahabad HC24 Jun 2021ABAIL/8552/2021

Case brief

AI extract

What is this about?

The single Judge granted anticipatory bail to the applicant. The court found no criminal antecedents and no real apprehension of fleeing. Bail was granted without entertaining the merits of the case.

What did the court decide?

Anticipatory bail granted till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount subject to standard conditions.

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

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8552 of 2021

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Applicant :- Ashish Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Pandey,Satya Prakash Rathor 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 - Ashish Soni , seeking anticipatory bail in Case Crime No. 0233 of 2020, under Sections - 379/411 I.P.C., Section 4/21 Mines & Mineral (Development and Regulation) Act, 1957, Section 3/5 Prevention of Damages to Public Property Act, 1984, Police Station - Panwari, District

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- Mahoba , during the pendency of trial.

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At the outset, learned counsel for the applicant states that the co-accused Mahesh Nayak @ Haridarshan and Rahul Nayak, against whom similar allegations have been made, have already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 690 of 2021, vide order dated 18.1.2021.

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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 - Ashish Soni , 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 of the police station concerned on the following conditions:

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(i) The applicant shall make himself available for interrogation

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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 :- 24.6.2021 Prakhar

Ashish Soni v. State of U.P. and Another

Case brief

What is this about?

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Ashish Soni v. State of U.P. and Another

Case brief

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