Allowed

Pankaj Kumar Yadav v. State of U.P.

Allahabad HC23 Jun 2023ABAIL/6728/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Pankaj Kumar Yadav, finding the case arose from a property dispute and granted bail subject to a bond of Rs. 50,000 with two sureties and four standard conditions.

What did the court decide?

Order allowing anticipatory bail with a bond of Rs. 50,000 with two sureties, subject to conditions of appearance, non-interference, and passport deposit, and directing investigation within three mont

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

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Neutral Citation No. - 2023:AHC:128377

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Court No. - 49

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6728 of 2023

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Applicant :- Pankaj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Singh,Manoj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Arimardan Yadav, learned counsel for the State and perused the record.

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The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Pankaj Kumar Yadav, seeking anticipatory bail, in the event of arrest in Case Crime No. 153 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Sikohabad, District Firozabad, during pendency of trial.

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Learned counsel for the applicant argued that applicant has been falsely implicated in the present case. It is argued that the present first information report has been lodged on the basis of an application moved under Section 156(3) Cr.P.C. It is argued that applicant is father of Harshvardhan, the first informant. The dispute is between father and son with regard to ancestral property and a will allegedly registered on 9.8.2017 which was executed by Brajraj Singh, father of the applicant. It is argued that the dispute is purely of civil nature which has been given colour of criminal case. It is argued that applicant has no criminal history as stated in para 22 of the affidavit in support of anticipatory bail application.

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Per contra, learned counsel for the State opposed the prayer for anticipatory bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the dispute is between father and son with regard to ancestral property and will of the father of the applicant.

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Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Pankaj Kumar Yadav involved in the aforesaid case, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court 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 a police office 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 him 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 S.S.P./S.P. concerned.

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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 is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The anticipatory bail application is allowed.

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Order Date :- 23.6.2023 Mukesh Kr.

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(Samit Gopal,J.)

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

Pankaj Kumar Yadav v. State of U.P.

Case brief

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Pankaj Kumar Yadav v. State of U.P.

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