Vivek Trivedi and 2 Others Vs State of U.P.

Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3733 of 2021

Applicant :- Vivek Trivedi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised. No one has appeared on behalf of the applicant to press this application.

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Heard Mr. K.P. Pathak, learned Additional Government Advocate for the State of U.P. and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 817 of 2020, under section 498A, 323 I.P.C., Police Station-Barra, District-Kanpur Nagar, with the prayer that in the event of arrest, applicants may be released on bail.

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On 23.02.2021, the Coordinate Bench of this Court, while granting interim anticipatory bail to the applicants, has passed following order :-

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"Heard learned counsel for the applicants and learned AGA for the State.

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Learned counsel for the applicant is permitted to implead the informant as opposite party No.2 in the array of the parties, during the course of the day.

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Implication of the applicants under the alleged offences appear to be on account of matrimonial dispute.

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Learned counsel for the applicants has submitted that the allegations made are absolutely false. They have been made for ulterior motives and to pressurize the applicants.

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In view of the observations of the Apex Court in the case of Arnesh Kumar Vs. State of Bihar and Anr., (2014) 8 SCC 273, before passing final order, the Court considers it appropriate to hear the opposite party No.2.

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Issue notice to opposite party no. 2 returnable within four weeks.

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List this case on 04.5.2021.

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

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In the event of arrest, the applicants, Vivek Trivedi, Smt. Geeta Trivedi and Dinesh Chandra Trivedi, shall be released on interim anticipatory bail Case Crime No. 817 of 2020, under Sections- 498-A, 323 IPC, Police

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Station- Barra, District- Kanpur Nagar, 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 applicants shall make themselves available for interrogation by the police officer as and when required;

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(ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants.

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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 applicants are 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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On the basis of instructions, learned AGA submits that investigation is still going on. Till date, no charge-sheet has been submitted in this case. He further submits that the applicants are cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 23.02.2021 by the Coordinate Bench of this Court.

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In view of the above, aforesaid interim anticipatory bail order dated 23.02.2021 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 23.02.2021.

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

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Order Date :- 20.1.2023 Jitendra/-

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

Vivek Trivedi and 2 Others v. State of U.P.

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Vivek Trivedi and 2 Others v. State of U.P.

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