Allowed

Prakash v. State of U.P. and Another

Allahabad HC22 Nov 2023ABAIL/11986/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Prakash in a criminal case involving Sections 323, 324, 504, 506 IPC and 308 IPC. The grant was subject to standard conditions including cooperation with investigation and filing a personal bond.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs.50,000/- with two sureties, subject to conditions including attendance and non-interference.

Prakash Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:221085

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11986 of 2023

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Applicant :- Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Bharat Singh, learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.595 of 2022, under Sections 323, 324, 504, 506, 308 IPC, Police Station Bahjoi, District Sambhal.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant has never committed any offence as alleged in the impugned FIR. As per version of the impugned FIR, only general role has been assigned to all accused persons including the applicant. No specific role has been assigned to the applicant. He further submits that named co-accused person, namely, Omvati has already been granted anticipatory by another co-ordinate Bench of this Court vide order dated 17.11.2023 passed in Criminal Misc. Anticipatory Bail Application No.12005 of 2023, copy of the same has been placed on record. The applicant is having no previous criminal history.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid fact.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Prakash, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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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 from disclosing such facts to the Court or to any police officer.

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(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98 .

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(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application is disposed of.

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Order Date :- 22.11.2023 Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Prakash v. State of U.P. and Another

Case brief

What is this about?

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Prakash v. State of U.P. and Another

Case brief

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