Disposed

Ram Prakash and Another v. State of U.P. and Another

Allahabad HC14 Jul 2021ABAIL/9769/2021

Case brief

AI extract

What is this about?

In an interim anticipatory bail application, the sole judge granted interim protection based on lack of criminal antecedents and no flight risk, without deciding on the merits of the false implication claim in a dowry death charge.

What did the court decide?

Interim anticipatory bail granted upon furnishing a personal bond of Rs. 50,000/- with two sureties and abiding by standard conditions of interrogation and non-interference.

Ram Prakash and Another Vs State of U.P. and Another — Cheating and Forgery | 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. - 9769 of 2021

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Applicant :- Ram Prakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Sharma 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 applicants, learned A.G.A. for the State and perused the record.

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This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0053 of 2021, under Sections - 498-A, 302, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station - Ghoorpur, District - Prayagraj, during the pendency of trial.

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Applicants claims to have been falsely implicated in this case. Both the applicants stands in the relationship of ' nanad ' and 'nandoi ', respecitively. Applicant claims that in this case as per the entry made in the concerned G.D. of 26.2.2020, it was informed that the daughter of the informant consumed poison, due to which she died, however, some compromise was also gone into between the parties in this case. Thereafter, it so happened that after compromise reached between the parties and the terms and conditions of the compromise were acted upon by the applicant side, then with a mischievous view, a false application under Section – 156 (3) Cr.P.C. was moved in October, 2020, wherein after consideration, the concerned Magistrate directed for registration of the case, in which the names of the present applicants also figured. The present applicants being 'nanad' and 'nandoi' have got no concern with the case of dowry demand or harrasment to the deceased as such and it cannot be said that any offence is made out against them.

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

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Taking into consideration the nature of accusation and lack of criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case, at this stage.

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Accordingly, this anticipatory bail application is disposed of.

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In the event of arrest of the applicants - Ram Prakash and Meena Devi involved in the aforesaid case crime, they shall be released on interim anticipatory bail during investigation on their 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 applicants shall make themselves available for interrogation by a police officer as and when required.

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(ii) 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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(iii) The applicants 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 applicants.

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Order Date :- 14.7.2021 S Rawat

Ram Prakash and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Prakash and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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