Allowed¶28

Virendra Pratap Shahi @ Virendra Shahi v. State of U.P.

Allahabad HC6 Feb 2023ABAIL/750/2021

Case brief

AI extract

What is this about?

Allahabad High Court, anticipatory bail under S.438 Cr.P.C.; Virendra Pratap Shahi @ Virendra Shahi v. State of U.P.; Crl. Misc. Anticipatory Bail Application No. 750 of 2021; Case Crime No. 1375 of 2020, Sections 409/467/468/471/474/420 IPC, P.S. Cantt, Gorakhpur; interim anticipatory bail dated 18.1.2021 (personal bond Rs. 50,000/-, two sureties) made absolute till submission of police report under S.173(2) Cr.P.C.; no charge-sheet filed, applicant cooperative; decided 6.2.2023 by Manju Rani Chauhan, J.

What did the court decide?

Anticipatory bail granted: the interim anticipatory bail order dated 18.1.2021 was made absolute till submission of police report under Section 173(2) Cr.P.C., on the terms and conditions of the order dated 18.1.2021 (personal bond of Rs. 50,000/- and two sureties each of like amount). ¶28

Virendra Pratap Shahi @ Virendra Shahi 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. - 750 of 2021

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Applicant :- Virendra Pratap Shahi @ Virendra Shahi Opposite Party :- State of U.P. Counsel for Applicant :- Vijendra Kumar Mishra,Pravesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Hari Narayan Singh

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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 409, 474, 471, 468, 467, 420 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 18.1.2021, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-

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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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Shri Amrendra Nath Singh, learned Senior Counsel assisted by Shri V.K. Mishra, learned counsel for the applicant. Shri H.N. Singh, has put in appearance on behalf of the informant.

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

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Learned A.G.A may also file counter affidavit in the meantime.

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Put up this case as a fresh case on 10.02.2021.

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Till then, in case of his arrest, the applicant, Virendra Pratap Shahi @ Virendra Shahi, shall be enlarged on interim anticipatory bail in Case Crime No. 1375 of 2020 under Sections 409,474,471, 468,467,420 I.P.C., Police Station- Cantt., District- Gorakhpur, on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount before the Station House Officer of 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 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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(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 applicants 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 18.1.2021 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 18.1.2021 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 18.1.2021.

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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

Virendra Pratap Shahi @ Virendra Shahi v. State of U.P.

Case brief

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Virendra Pratap Shahi @ Virendra Shahi v. State of U.P.

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