Allowed

Vinod Kumar Vishwakarma v. State of U.P.

Allahabad HC1 Feb 2023ABAIL/2076/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous anticipatory bail application, the Allahabad High Court, Co-ordinate Bench No. 77, reviewed negotiations and submissions regarding interim bail granted earlier. The single judge held the interim order made absolute pending the police report under Section 173(3) Cr.P.C., directing production of the order copy.

What did the court decide?

The interim anticipatory bail order dated 03.02.2021 was made absolute pending submission of the police report under Section 173(3) Cr.P.C. on the original terms and conditions.

Vinod Kumar Vishwakarma Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2076 of 2021

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Applicant :- Vinod Kumar Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Yadav,Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.,P.K. Vishwakarma

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rajeev Kumar Saxena, learned counsel for the applicant and Mr. P.K. Vishwakarma, learned counsel for the informant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No.251 of 2020, under Sections 419, 420 I.P.C., P.S. Jalalpur, District-Jaunpur, with the prayer that in the event of arrest, applicant may be released on bail.

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On 03.02.2021, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant, has passed the following order:-

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"Heard learned counsels for the applicant, Sri P.K. Vishwakarma, learned counsel for the informant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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Learned counsel for the informant prays for and is granted two weeks' time to file counter affidavit.

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Put up this case on 26.02.2021 as a fresh case.

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In the meantime, learned AGA may also file counter affidavit.

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In the event of arrest, the applicant, Vinod Kumar Vishwakarma, shall be released on interim anticipatory bail in Case Crime No. 251 of 2020, under Sections 419, 420 IPC, Police Station Jalalpur, District Jaunpur, on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer 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 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 before the S.S.P./S.P. concerned.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer will continue with the investigation and will not be affected by this order.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order. "

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Learned counsel for the applicant submits that till date no charge sheet has been submitted and investigation is still going on. He further submits that applicant has always co-operated in the investigation and has not misused the liberty of aforesaid interim anticipatory bail, which was granted to him on 03.02.2021 by co-ordinate bench of this Court. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegation made against him. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.

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In view of the above, aforesaid interim anticipatory bail order dated 03.02.2021 is made absolute till submission of police report under Section 173(3) Cr.P.C. on the terms and conditions as indicated in the above order dated 03.02.2021.

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With the aforesaid observations and directions, the instant anticipatory bail application is allowed .

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Order Date :- 1.2.2023

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Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Vinod Kumar Vishwakarma v. State of U.P.

Case brief

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Vinod Kumar Vishwakarma v. State of U.P.

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