Allowed

Shivam@ Shubham Gurjar and 2 Others v. State of U.P. and Another

Allahabad HC6 Jul 2022ABAIL/3200/2022

Case brief

AI extract

What is this about?

Hon'ble Rajesh Singh Chauhan, J., disposed of an anticipatory bail application under Section 438 Cr.P.C. seeking protection against arrest in a case involving IPC offences and the SC/ST Act. The court granted bail on personal bond and four sureties subject to specific conditions regarding movement, witnesses, and court appearances.

What did the court decide?

Grant of anticipatory bail to the applicants on furnishing a personal bond of Rs.50,000/- with two sureties each, subject to specific conditions regarding movement and court attendance.

Shivam@ Shubham Gurjar and 2 Others Vs State of U.P. and… — Bail and Remand | Allahabad HC (2022)

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Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3200 of 2022 Applicant :- Shivam@ Shubham Gurjar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi

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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 learned counsel for the parties and perused the material brought on record.

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This anticipatory bail application has been filed by the applicants (Shivam @ Shubham Gurjar, Kapil Gurjar and Deepak Gurjar) apprehending their arrest in Complaint No. 20 of 2019, under Sections- 323, 504, 506 IPC, and 3(1) (R) of SC/ST Act, Police Station- Indrapuram, District- Ghaziabad.

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It is submitted on behalf of the applicants that applicants are innocent and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. The applicants have been falsely implicated in the present case with an oblique motive due to village parti-bandi. The present complaint was lodged as a counter blast against the applicants. It is a no injury case and no one sustained any injury. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicants' either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicants have no previous criminal antecedent to their credit.

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Learned counsel for the applicants has also submitted that the co-accused, namely, Annu Nagar @ Annu Gurjar has already been granted anticipatory bail by this Court vide order dated 08.03.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.220 of 2022, therefore, the present applicants may also be granted anticipatory bail on the basis of principles of parity.

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Learned A.G.A. opposed the prayer for anticipatory bail but he could not dispute the fact that the co-accused, namely, Annu Nagar @ Annu Gurjar has been granted anticipatory bail by this Court.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.

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Let the applicants, Shivam @ Shubham Gurjar, Kapil Gurjar and Deepak Gurjar, be released on anticipatory bail on their furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the concerned court below with the following conditions:-

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The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

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

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The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the court below to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.

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In case, the applicants misuse the liberty of bail, the concerned court below may take appropriate action in accordance with law.

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The applicants shall remain present, in person, before the concerned court below on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the concerned court below default of this condition is deliberate or without sufficient cause, then it shall be open for the concerned court below to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Accordingly, the anticipatory bail application is disposed of finally.

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Order Date :- 6.7.2022 [Rajesh Singh Chauhan,J.] Suresh/-

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Digitally signed by SURESH CHANDRA Date: 2022.07.07 10:12:08 IST Reason: Location: High Court of Judicature at Allahabad

Shivam@ Shubham Gurjar and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

Shivam@ Shubham Gurjar and 2 Others v. State of U.P. and Another

Case brief

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