Allowed

Mithlesh Kumar @ Mithlesh Dixit and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC7 Sept 2022/780/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to three applicants accused of violent offenses involving stone-pelting and attempted murder. The High Court noted no criminal history and allowed bail subject to a bond, availability for investigation, and strict conditions regarding inducement and travel.

What did the court decide?

Anticipatory bail granted till the conclusion of trial on furnishing a personal bond of Rs. 25,000/- and two sureties each of like amount.

Mithlesh Kumar @ Mithlesh Dixit and 2 Others Vs State of… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 780 of 2022

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Applicant :- Mithlesh Kumar @ Mithlesh Dixit And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rakesh Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Rakesh Sharma, learned counsel for the applicants and Shri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Mithlesh Kumar @ Mithlesh Dixit , Lalmani and Sandeep Kumar in Case Crime No.0155 of 2021, under Sections 147, 148, 149, 307, 323, 332, 352, 353, 504, 506, 152, 427, 120-B I.P.C. & Section 7 of Criminal Law Amendment Act, Police Station Harchandpur, District Raebareli till the conclusion of the trial after rejecting anticipatory bail application of the applicants by the court of Sessions.

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Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that first information report has been lodged by the Police against 15 named persons and 150 to 200 unknown persons and in the said incident, SI Rakesh Kumar Singh sustained injury on his head. It is further submitted general allegations of committing marpit by stone pelting have been assigned to the applicants. No specific role or involvement have been attributed to the applicants.

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As per medical report, injury no. 1 is lacerated wound on the mid of skull and other injuries of lacerated wound on tip of nose, upper part of scalp, right ankle joint and other injuries are related to contusion on left shoulder, abrasion on right side of back, right stipula, right upper arm and right index finger and the nature of injuries are simple in nature.

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It is further submitted that applicants have granted interim bail on 03.08.2021. The applicants are no more required for custodial interrogation. The applicants have no criminal history and they have not undergone any imprisonment after conviction

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by any court of law in relation to any cognizable offence previously. It is further contended that the applicants are ready to participate in the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants but he has not refuted the fact that the applicants have no criminal antecedent to their credit.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicants have falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

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In case of arrest, the applicants, Mithlesh Kumar @ Mithlesh Dixit , Lalmani and Sandeep Kumar are directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on their furnishing personal a bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;

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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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicants shall not leave the country without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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(v) The concerned Court/Authority/Official shall verify the

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authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed .

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Order Date :- 7.9.2022 KR

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Digitally signed by RABINDRA KUMAR Date: 2022.09.09 17:45:00 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mithlesh Kumar @ Mithlesh Dixit and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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Mithlesh Kumar @ Mithlesh Dixit and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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