Allowed

Sanjay Mishra v. State of U.P. and Another

Allahabad HC6 Feb 2023ABAIL/2084/2021

Case brief

AI extract

What is this about?

The Allahabad High Court converted interim anticipatory bail into an absolute order for the applicant, pending the submission of the charge-sheet under Section 173(2) Cr.P.C., subject to existing conditions regarding police availability and non-interference.

What did the court decide?

The interim anticipatory bail order dated 8.2.2021 made absolute till submission of the police report under Section 173(2) Cr.P.C.

Sanjay Mishra Vs State of U.P. and Another — 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. - 2084 of 2021

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Applicant :- Sanjay Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Sandeep Kumar Dubey

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List has been revised.

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Heard learned Counsel for the applicant, learned AGA for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 1375 of 2020, under sections 420, 467, 468, 471, 474, 409 IPC, Police Station-Cantt, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail.

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On 8.2.2021, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-

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Connect with Anticipatory Bail Application No.9703 of 2021 and list this case on 23.02.2021.

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

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Till then, in case of his arrest, applicant, Sanjay Mishra, shall be released on interim anticipatory bail in Case Crime No. 1375 of 2020, under Sections 420, 467, 468, 471, 474, 409 IPC, Police Station Cantt. District Gorakhpur, 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 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 office;

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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

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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 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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A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court."

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It is submitted by learned counsel for the applicant that investigation is still going on. Till date, no charge-sheet has been submitted in this case. The applicants are cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 8.2.2021 by the Coordinate Bench of this Court.

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Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the appellant.

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In view of the above, aforesaid interim anticipatory bail order dated 8.2.2021 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 8.2.2021.

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

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Order Date :- 6.2.2023 S. Singh

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Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad

Sanjay Mishra v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Mishra v. State of U.P. and Another

Case brief

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What did the court decide?

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