Allowed

Shankar Nath Dubey @ Shankar Nath Devide v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrett. Lucknow and Another

Allahabad HC18 Oct 2022/1734/2022

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application for the applicant in a false implication sexual offence case. Liberty was granted contingent on furnishing a bond and following specified conditions including cooperation with investigation.

What did the court decide?

Release on anticipatory bail with a personal bond of Rs. 50,000, two sureties, and conditions regarding interrogation, witness integrity, travel, and court attendance.

Shankar Nath Dubey @ Shankar Nath Devide Vs State of… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1734 of 2022

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Applicant :- Shankar Nath Dubey @ Shankar Nath Devide Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrett. Lucknow And Another Counsel for Applicant :- Ashish Raman Mishra,Aradhana Chaturvedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ashish Raman Mishra, learned counsel for the applicant and Dr. Surendra Singh, learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in Complaint Case No. 646/2021/2017 under sections 376, 506, I.P.C., P.S. Tulsipur, Balrampur. He has further submitted that the present applicant has falsely been implicated in the case as he has not committed any offence as alleged in the F.I.R.

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Learned counsel for the applicant has further submitted that the present applicant and another co-accused, namely, Awadhesh Kumar Shukla have been implicated in this case by the prosecutrix by filing an application under Section 156(3), Cr.P.C. on 28.9.2017. Learned counsel has submitted that after perusing the aforesaid application learned court below directed the Police authorities to make thorough investigation and to submit its report. Pursuant thereto, thorough investigation was conducted by the Investigating Officer of the Police Station Tulsipur, District Balrampur and submitted a detailed report before the court concerned on 31.7.2021. In the aforesaid detailed report the investigating officer was of the view that since there is family dispute between the family members of the prosecutrix and the present applicant and no one has given any evidence against the present applicant, therefore, the case appears to be false and misconceived. As per the learned counsel for the applicant, after receiving the aforesaid detailed report on 31.07.2021, the learned court below suo moto summoned the applicant without any protest being filed by the prosecutrix or from her side.

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Learned counsel for the applicant has further submitted that the Magistrate may take suo moto cognizance of such police report but there has to be credible evidence to convince the court that the proposed accused persons should be summoned but without

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there being any credible evidence or any protest petition filed by the prosecutrix, the present applicant as well as one Awadhesh Kumar Shukla, the co-accused have been summoned.

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Learned counsel for the applicant has further submitted that the co-accused, Awadhesh Kumar Shukla has been granted anticipatory bail vide order dated 30.09.2022 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.1661 of 2022, which is annexed as annexure no.10 to the instant application, therefore, on the basis of principles of parity, the present applicant may also be granted anticipatory bail.

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Learned counsel for the applicant further submitted that the applicant is ready to cooperate with the proceedings pending before the learned court below, therefore, his liberty may be protected till completion of the aforesaid proceedings.

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Per contra, learned A.G.A. has opposed the aforesaid prayer of the learned counsel for the applicant, but could not dispute the submissions so made by the learned counsel for the applicant.

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Without entering into merits of the issue; considering arguments of the learned counsel for the parties; the material available on record which has been considered, after thorough investigation pursuant to the order of the learned court below the allegation against the present applicant has been found false and misconceived, the undertaking of the applicant that he is willing to participate in the investigation, no protest application has been filed by or on behalf of the prosecutrix and the co-accused Awadhesh Kumar Shukla has been granted anticipatory bail, I find it appropriate that liberty of the present applicant may be protected till completion of the proceedings pending before the learned court below in view of the dictum of the Hon'ble Apex Court in re: Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.

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Therefore, it is directed that in the event of arrest, applicant- Shankar Nath Dubey @ Shankar Nath Devide will be released on anticipatory bail in the aforesaid case crime number till conclusion of the trial on his furnishing a fresh personal bond of Rs.50,000/- with two fresh sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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that the applicant will make himself available for interrogation by a police officer as and when required;

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that the applicant will 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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that the applicant will not leave India without the previous permission of the court;

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that the applicant will not pressurize/ intimidate the prosecution witness;

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that the applicant will appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail.

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Before parting with, learned trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.

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In the aforesaid terms, the instant anticipatory bail application is allowed.

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Order Date :- 18.10.2022 Saurabh

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Digitally signed by SAURABH VERMA Date: 2022.10.18 19:15:03 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shankar Nath Dubey @ Shankar Nath Devide v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrett. Lucknow and Another

Case brief

What is this about?

What did the court decide?

Shankar Nath Dubey @ Shankar Nath Devide v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrett. Lucknow and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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