Allowed

Toni Kumar v. State of U.P. and Another

Allahabad HC8 Jul 2022ABAIL/4529/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to Toni Kumar apprehending arrest in an IPC case. Liberty was protected until the filing of the police report under Section 173(2) Cr.P.C. upon furnishing a bond and sureties with specific undertakings regarding investigation cooperation.

What did the court decide?

Liberty to be released on anticipatory bail on filing of police report via personal bond of Rs.50,000/- with two sureties and specific conditions.

Toni Kumar Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4529 of 2022

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Applicant :- Toni Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Srivastava,Mohd. Farooq 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 applicant and learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.384 of 2021, under Sections 457, 380, 411 & 413 IPC, Police Station - Khorabar, District - Gorakhpur.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the prosecution story. The impugned order has been lodged against one unknown person, however, pursuant to such FIR, three persons, namely, Mohd. Raza, Pradeep and Shashikant have been arrested by the police and those accused persons have been granted bail from the learned court below as orders of those co-accused have been enclosed with the application as Annexure No.3 collectively. He has further submitted that the investigation is going on and the present applicant is cooperating with the investigation and he undertakes that the applicant shall cooperate with the investigation.

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Learned counsel for the applicant has submitted that the present applicant has been implicated in three other cases on the basis of same prosecution story and out of those three cases, he has been granted anticipatory bail by this Court vide orders dated 04.07.2022 and 03.06.2022 passed in Criminal Misc. Anticipatory Bail Applications No.4533 of 2022 and 4657 of 2022. Learned counsel has also submitted that the present applicant is a student of competitive examination and has qualified one SSC Examination as indicated in para-18 of the application and has enclosed admit card of such examination, therefore, liberty of the present applicant may be protected at least till filing of the charge sheet. Learned counsel undertakes on behalf of the applicant that the applicant shall not misuse the liberty of anticipatory bail if he is granted and shall abide by all terms and conditions of the bail order.

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Per contra , learned AGA 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 and considering the fact that investigation is going on and the applicant has given undertaking that he shall cooperate with the investigation and he has been granted anticipatory bail in two other cases wherein allegations are similar in nature, liberty of the present applicant may be protected till filing of the police report under Section 173 (2) Cr.P.C.

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Therefore, it is directed that in the event of arrest, applicantToni Kumar shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two 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 shall make himself available for interrogation by a police officer as and when required;

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that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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

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that 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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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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

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In the aforesaid terms, the instant anticipatory bail application is disposed of .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 8.7.2022 RBS/-

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Digitally signed by RAM BIR SINGH Date: 2022.07.08 14:53:06 IST Reason: Location: High Court of Judicature at Allahabad

Toni Kumar v. State of U.P. and Another

Case brief

What is this about?

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Toni Kumar v. State of U.P. and Another

Case brief

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