Allowed

Abhishek v. State of U.P. and Another

Allahabad HC10 Jul 2023ABAIL/7107/2023

Case brief

AI extract

What is this about?

Single judge allowed an anticipatory bail application under Section 438 Cr.P.C. directing the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to conditions including cooperation with investigation and surrendering passport.

What did the court decide?

Enlarged the applicant on anticipatory bail on a personal bond of Rs. 50,000 with two sureties subject to specified conditions.

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

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Neutral Citation No. - 2023:AHC:135348

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7107 of 2023 Applicant :- Abhishek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Amit Rai, learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.542 of 2022, under Sections 323, 504, 506, 308 IPC, Police Station Noorpur, District Bijnor.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant has never committed any offence as alleged in the impugned FIR. As per version of the FIR, only general allegation has been levelled against the applicant. No specific role has been assigned against the applicant. He further submits that co-accused person, namely, Raj Kumar has already been granted anticipatory till conclusion of trial by another coordinate Bench of this Court vide order dated 03.07.2023 passed in Criminal Misc. Anticipatory Bail Application No.7103 of 2023, copy of the same has been placed on record. He further submits that the case of the applicant is on better footing of that coaccused, who has been granted anticipatory bail, hence, the applicant is also entitled for bail on the ground of parity. The applicant is having no previous criminal history.

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Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid

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judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Abhishek , involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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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 officer.

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(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 .

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(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application stands disposed of .

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Order Date :- 10.7.2023/Ajeet

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

Abhishek v. State of U.P. and Another

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Abhishek v. State of U.P. and Another

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