Allowed

Vinay Prakash Singh v. State of U.P. and Another

Allahabad HC17 Apr 2023ABAIL/940/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, Single Judge allowed an anticipatory bail application filed by Vinay Prakash Singh under Section 438 Cr.P.C. regarding an offence under IPC Sections 323, 147. The court granted bail subject to standard conditions including personal bond and cooperation with investigation.

What did the court decide?

Granted anticipatory bail on personal bond of Rs. 50,000 with two sureties of like amount, subject to conditions of cooperation, not influencing witnesses, and not leaving India without permission.

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

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 940 of 2023

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Applicant :- Vinay Prakash Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Siddharth Singh,Anish Kumar Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Siddharth Singh, learned counsel for the applicant and Sri R.P. Patel, learned AGA for the State and also perused the material available on records.

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The applicant is seeking anticipatory bail in connection with Case Crime No. 387 of 2022, under Sections 323, 147, (Sections 386, 504, 506 added subsequently) of IPC, Police Station- Mughal Sarai, District- Chandauli.

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At the very outset, learned counsel for the applicants have claimed parity with the co-accused Ram Singh, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.685 of 2023 vide order dated 20.03.2023. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail till the submission of police report, the applicant is also entitled for the same on the ground of parity.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA on the ground that proceedings of Section 82 Cr.P.C. have been initiated against the applicant on 23.01.2023 although he could not dispute the fact that the said proceedings have been initiated after filing of the present anticipatory bail application. However, the aforesaid factual aspect of the parity to the coaccused has not been disputed by him.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicant involved in aforesaid case 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/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) 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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or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and

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(D) The applicant shall not leave India without the previous permission of the Court.

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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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(Justice Krishan Pahal)

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Order Date :- 17.4.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Vinay Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

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Vinay Prakash Singh v. State of U.P. and Another

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