Allowed

Bhema @ Viraju and Another v. State of U.P. and Another

Allahabad HC9 Feb 2023ABAIL/11775/2022

Case brief

AI extract

What is this about?

The High Court, Allahabad, granted anticipatory bail to Bhema @ Viraju under Section 438 Cr.P.C. in a criminal case involving affray and attempted murder. The court imposed standard conditions and directed the applicant to appear before the trial court within seven days.

What did the court decide?

Anticipatory bail granted to Bhema @ Viraju subject to conditions of availability for interrogation, not tampering with witnesses, not leaving India, and complying with trial court requirements.

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

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11775 of 2022

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Applicant :- Bhema @ Viraju And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the accused-applicant as well as learned AGA and perused record.

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The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.78 of 2022, under Sections 147, 148, 149, 323, 336 and 307 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Naseerpur, District Firozabad.

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Learned counsel for accused-applicant submits that at present he is pressing the anticipatory bail application on behalf of accused-appellant no.1, Bhema @ Viraju only. He further submits that the F.I.R. has been lodged by the police on the ground that two groups were seen fighting with bricks. F.I.R. has not been lodged by either side of the party. Both the parties have sustained injuries, which are simple in nature. Charge sheet has not been filed in this case. He also submits that in similar circumstances, this Court after considering the entire facts and circumstances of the case, has granted anticipatory bail to co-accused Yash Yadav @ Mohit and another vide order dated 13.9.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.7819 of 2022. He, therefore, prays that the accused-applicant may also granted anticipatory bail on the ground of parity.

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Learned A.G.A. has opposed the prayer for grant of anticipatory bail to the accused-applicant, but not disputed the

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aforesaid facts.

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Considering the submission made by the learned counsel for the accused-applicant, this anticipatory bail application is hereby allowed. The accused-applicant (Bhema @ Viraju) is directed to appear before the trial Court concerned within seven days from today and if he does so, he shall be released on filing his personal bail bond and two sureties, each in the like amount to the satisfaction of the trial Court, if already not filed, on the following conditions, which are imposed in the interest of justice, and other conditions, which may be desirable by the learned trial Court:-

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

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(iii) That the applicant shall not leave India without the previous permission of the Court; and

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(iv) Such other conditions as may be imposed under subsection (3) of Section 437, as if the bail were granted under that section.

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Order Date :- 9.2.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Bhema @ Viraju and Another v. State of U.P. and Another

Case brief

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Bhema @ Viraju and Another v. State of U.P. and Another

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