Allowed

Himanshu Singh @ Rishu Singh v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC30 Aug 2024/1779/2024

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicant under Section 438 Cr.P.C. in a case involving sections 147, 148, 323, 504, and 307 IPC. The court relied on the interim protection order and the Supreme Court dictum in Sushila Aggarwal due to the applicant's cooperation and lack of antecedents.

What did the court decide?

Interim protection granted absolute; applicant to be released on anticipatory bail upon arrest by furnishing personal bond and two sureties.

Himanshu Singh @ Rishu Singh Vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59466

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1779 of 2024

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Applicant :- Himanshu Singh @ Rishu Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another

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Counsel for Applicant :- Anil Kumar Maurya,Dr.Pramod Kumar Maurya,Rahul Kumar Sharma Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya,Priyanshi Maurya

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary affidavit filed today is taken on record.

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The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.58 of 2024, under Section 147, 148, 323, 504, 307 I.P.C., Police Station Gadaganj, District Raebareli.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant.

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The co-ordinate Bench of this Court while granting interim protection vide order dated 07.08.2024 has passed the following order:-

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"Short Counter Affidavit along with Vakalatnama filed by Shri Ashok Kumar Maurya, Advocate on behalf of the opposite party no.2 is taken on record. His name shall be printed in the cause list when the case is next listed.

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Heard learned counsel the applicant, learned A.G.A. for the State and learned counsel for opposite party no.2.

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The present application has been filed seeking anticipatory bail in case crime No.58 of 2024, under Section 147, 148, 323, 504, 307 I.P.C., Police Station Gadaganj, District Raebareli.

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In the prosecution case it is alleged that on 9.3.2024, at about 7.30 p.m., while the informant was returning home as soon as he reached near Sardarganj turn, before the pond, the accused

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persons who are waiting there, hurled abuses and beaten him with kicks and fist. He somehow ran away then they chased him and fired at him. He received one bullet shot.

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Learned counsel for the applicant submits that the injuries are simple in nature and not on vital part and complainant has filed Affidavit before the Superintendent of Police stating that the complainant/injured could not recognize the accused applicant. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

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Learned counsel for the complainant while filing short counter affidavit has not alleged the complicity of the applicant rather his innocence has been pleaded.

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Learned Addl. Government Advocate prays for and is allowed two days' time to seek instruction in the matter. Perused the record.

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On due consideration to the fact that there are general allegations in the First Information Report against six accused persons, the complainant has denied the complicity of the applicant in the incident and undertaking of the applicant that he shall cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List/put up day after tomorrow i.e. on 9.8.2024."

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Learned counsel for the applicant submits that charge-sheet in the matter has not been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the investigation.

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Learned A.G.A. as well as learned counsel appearing for the complainant have vehemently opposed the bail application.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the interim protection granted by this Court vide order dated 07.08.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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In view of the above, it is provided that in the event of arrest, the applicant- Himanshu Singh @ Rishu Singh shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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The application disposed of.

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Order Date :- 30.8.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Himanshu Singh @ Rishu Singh v. State of U.P. Thru. Secy. Home Lko. and Another

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Himanshu Singh @ Rishu Singh v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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