Second anticipatory bail application in a Section 306 IPC abetment of suicide case after charge sheet. Court found no prima facie mens rea or active act against applicants and granted anticipatory bail on conditions including availability for interrogation and no tampering with evidence.
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Neutral Citation No. - 2024:AHC-LKO:60224
Court No. - 19
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1865 of 2024
Applicant :- Abhishek Kumar Modanwal @ Monti And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another
Counsel for Applicant :- Arvind Pratap Singh Counsel for Opposite Party :- G.A.,Vyomesh Chandra Shukla
Hon'ble Subhash Vidyarthi,J.
application on the ground that their first anticipatory bail application stands rejected by the Sessions Judge and he has not taken into consideration the fact that after rejection of the first anticipatory bail application by the Sessions Judge, the applicants had been granted anticipatory bail by this Court.
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) that the applicants 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 or tamper with the evidence;
(iii) that the applicants shall not leave India without the previous permission of the court'
(iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and
(v). that the applicants shall not pressurize/ intimidate the prosecution witness.
Order Date :- 2.9.2024 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicants were entitled to anticipatory bail in a Section 306 IPC case despite rejection of a later application by the Sessions Judge.
Whether prima facie evidence established the mens rea and active act required for an offence under Section 306 IPC.
Colour shows how this judgement treated each authority
Sushila Aggarwal v. State (NCT of Delhi)Relied on¶5
(2020) 5 SCC 1 · Who else cites this
Mariano Anto Bruno & Anr. v. The Inspector of PoliceApplied¶8
AIR 2022 SC 4994 · Who else cites this
2 provisions across 2 enactments
Abhishek Kumar Modanwal @ Monti
Shubham
State Of U.P. Thru. Prin. Secy. Home Lko
Opposite Party No. 2
Subhash Vidyarthi
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
