Allowed

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

Allahabad HC23 Jan 2023ABAIL/12397/2022

Case brief

AI extract

What is this about?

The Allahabad High Court, Single Bench addressed an anticipatory bail application under Section 438 Cr.P.C. in a matter involving alleged black marketing of gas cylinders. The court, without expressing an opinion on the merits, granted the petition and released the applicant on personal bond with two sureties, noting that no parity could be claimed based on this order.

What did the court decide?

Released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Vijay Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12397 of 2022

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Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case No. 514/9 of 2011, under Section 3/7 of the Essential Commodities Act, arising out of Case Crime No.1567 of 2009, Police Station- Nai Mandi, District- Muzaffarnagar.

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It is submitted by learned counsel for the applicant that this applicant was vendor in the shop of Gas Agency where some irregularities were found regarding black marketing of gas cylinders relating to which an F.I.R. was lodged in the year 2009 in which, after investigation, charge sheet was submitted and cognizance taken by the learned court concerned, which was challenged before this Court in application u/s 482 Cr.P.C. No.27856 of 2012 through which proceedings in the case were stayed vide order dated 30.08.2012 but on account of Asian Resurfacing case, this proceedings have further been started. The application u/s 482 Cr.P.C. has already been disposed of finally with direction to file anticipatory bail. It is also submitted that co-accused Jai Mishra Urf Jai Narayan Mishra, has already been granted anticipatory bail by this Court passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.11682 of 2022 dated 30.11.2022 and the case of this applicant is on similar footings. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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Learned AGA has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and perusal of the record and without expressing any opinion on the merits of the case, the case for anticipatory bail is made out, therefore, the applicant is entitled to be released on anticipatory bail

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during pendency of trial. It is made clear that no parity can be claimed on the basis of this order.

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Let the applicant- Vijay Kumar shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

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In case, applicant does not cooperates with trial, this order shall be deemed to be automatically vacated or cancelled.

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Order Date :- 23.1.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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