Allowed

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

Allahabad HC9 Jun 2022ABAIL/4790/2022

Case brief

AI extract

What is this about?

Anticipatory bail granted to applicant Kishan Kumar under Section 438 Cr.P.C. He was not named in FIR but was a co-accused in the same case crime. Released on personal bond of Rs.25,000 with conditions against tampering and leaving India.

What did the court decide?

Released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs.25,000 with two sureties.

Kishan Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4790 of 2022

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Applicant :- Kishan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the material brought on record.

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It is submitted on behalf of the applicant that applicant is innocent and the present F.I.R. has been lodged on false allegation just on suspicion. He is not named in the F.I.R. The applicant is said to be the driver of the truck in question. He has no concern with loading/ unloading of the sand. There is no independent, impartial reliable witness of the alleged incident. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. The applicant has not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicant has a definite apprehension of his arrest by the police. It is further submitted that co-accused Rajesh Kumar, Sonu Yadav, Shubhendu and Vishnu Kumar Modi have been granted anticipatory bail by the co-ordinate Benches of this Court vide orders dated 30.05.2022, 02.06.2022, 03.06.2022 in Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. Nos. - 4340 of 2022, 4467 of 2022, 4488 of 2022 and 4665 of 2022 respectively (copies of the said orders have been placed before the Court). Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed 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 applicant's either fleeing away from the judicial process or tampering with the witnesses, applicant also undertakes that he would not misuse the liberty and would cooperate with the investigation. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant

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has no criminal antecedent, the applicant is found entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Kishan Kumar , who is involved in Case Crime No. 0027 of 2022, under Sections- 379, 411, 419, 420, IPC and Section 3 (1) A/58A/72 Uttar Pradesh Minor Minerals (Concession) Rules 2021 and 3/4 of Prevention of Damage to Public Property Act, 1984, Police StationVindhhamganj, District- Sonebhadra, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C.,before the competent court, on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make himself available for interrogation by a police office as and when required;

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(ii) 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/her from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him/her before the S.S.P./S.P. Concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 9.6.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.06.10 16:32:32 IST Reason: Location: High Court of Judicature at Allahabad

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

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

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