Allowed

Abhimanyu@ Abhimanyu Rai v. State of U.P. and Another

Allahabad HC30 May 2023ABAIL/11761/2022

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a case involving various IPC offences. The order relied on a mediation centre report stating the dispute was settled amicably and cited Supreme Court precedent. Bail conditions were imposed, including no tampering with evidence and availability for trial.

What did the court decide?

Anticipatory bail granted to be released on personal bond with two sureties subject to standard conditions such as appearance and non-interference.

Abhimanyu@ Abhimanyu Rai Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:121196

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11761 of 2022

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Applicant :- Abhimanyu@ Abhimanyu Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Ajeet Kumar Shukla

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Hon'ble Krishan Pahal,J.

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Heard Sri Chandan Singh, Advocate holding brief of Sri Shailendra Kumar Rai, learned counsel for the applicant and Sri Rohit Dubey, learned A.G.A. for the State and also perused the record. None is present on behalf of the informant even in the revised call.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 113 of 2022, under Sections 147, 342, 323, 504, 336, 354 & 377 of IPC, Police Station Jangipur, District Ghazipur, with a prayer to enlarge him on anticipatory bail.

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In the present matter, the case was sent for mediation vide order dated 24.01.2022. As per the report of Mediation Centre of this Court, parties have settled their dispute once for all on 02.05.2023.

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On the other hand, learned A.G.A. could not dispute the submissions raised by the learned counsel for the applicant.

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Considering the arguments advanced by the learned counsel for the parties, the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 " and also the report of Mediation Centre whereby parties have amicably settled their dispute, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Abhimanyu @ Abhimanyu Rai involved in the aforesaid case crime number,

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shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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

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iv. that the applicant shall not tamper with the evidence during the trial;

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

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vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 30.5.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Abhimanyu@ Abhimanyu Rai v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abhimanyu@ Abhimanyu Rai v. State of U.P. and Another

Case brief

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What did the court decide?

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