Allowed

Sriram v. State of U.P. and Another

Allahabad HC9 Jun 2022ABAIL/4830/2022

Case brief

AI extract

What is this about?

Application for anticipatory bail under Section 438 Cr.P.C. The court granted relief noting the applicant asserted innocence, lack of prior record, and high suspicion regarding allegations. Bail conditioned on personal bond with sureties and compliance with non-interference terms.

What did the court decide?

Released on anticipatory bail till submission of police report by furnishing personal bond of Rs. 25,000 with two sureties.

Sriram Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 47 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4830 of 2022 Applicant :- Sriram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bijai Nath Yadav,Prem Prakash Yadav 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 present 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 and frivolous facts, on the basis of suspicion. The First Information Report in the present case has been lodged on non-existent grounds. The applicant was not involved in illegal mining and storing the sand and transporting the same. He is said to be the driver of the truck in question. 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. It has been stated in paragraph- 23 of the affidavit filed in support of instant anticipatory bail application, the police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. It is next submitted that co-accused persons namely Rajesh Kumar and Vishnu Kumar Modi have been granted anticipatory bail by different Benches of this Court vide orders dated 30.05.2022 and 03.6.2022 passed in Crl. Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 4340 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 have 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 has no criminal antecedent, the applicant is found entitled to be released on anticipatory bail.

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In the event of arrest of the applicant- Sriram , who is involved in Case Crime No. 0027 of 2022, under Sections- 379, 411, 419, 420, I.P.C. and Section 3 (1)/58/72(1) Uttar Pradesh Minor Minerals (Concession) Rules 2021 and 3/4 of Prevention of Damage to Public Property Act, 1984, Police StationWyndhamganj, 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 would be at liberty to file appropriate application for cancellation of anticipatory bail granted to 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 16:33:43 IST Reason: Location: High Court of Judicature at Allahabad

Sriram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sriram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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