Allowed

Manoj @ Manoj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC27 Sept 2024/2046/2024

Case brief

AI extract

What is this about?

This court converted an interim protection order granted for anticipatory bail into an absolute bail order. The applicant, facing multiple IPC charges, had no criminal antecedents and cooperated with investigation, unlike other co-accused who were not in jail. The court did not decide on the merits of the case.

What did the court decide?

Granted anticipatory bail under Section 438 Cr.P.C. on personal bond and two sureties, conditioned on cooperation in investigation and absence from India without permission.

Manoj @ Manoj Kumar Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67367

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2046 of 2024

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Applicant :- Manoj @ Manoj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Chetan Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime FIR No. 86/2024, under Sections 406/420/467/468/471/120-B/504/506 I.P.C., P.S. Gomit Nagar, District Lucknow.

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2.Heard learned counsel for the applicant and learned A.G.A. for the State. None appears on behalf of the complainant, although, notices are served.

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3.This Court while giving interim protection has passed the following order on 05.09.2024:-

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"Heard learned counsel the applicant and learned A.G.A. for the State.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 86/2024, under Sections 406/420/467/468/471/120-B/504/506 I.P.C., P.S. Gomit Nagar, District Lucknow.

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Learned counsel for the applicant submits that the applicant is employee in T.R. Sahni Motors Private Limited. Co-accused Adnan Iqbal who was agent of the company and who was assigned the main role has been granted anticipatory bail by this Court vide order dated 03.09.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 930 of 2024. Another co-accused Amit @ Amit Singh who was manager of the company has also been granted interim protection vide order dated 30.08.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1966 of 2024. Learned counsel for the applicant claims parity with the order of Adnan Iqbal.

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Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents and he undertakes to cooperate in the investigation.

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Issue notice to respondent No. 2.

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Steps be taken within a week.

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Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

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List on 27.09.2024.

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On due consideration to the fact that the applicant has no criminal antecedent; offences are triable by magistrate; co-accused Adnan Iqbal has been granted anticipatory bail by this Court and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of

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the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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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."

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Learned A.G.A. has opposed the bail application submitting that charge sheet is yet to be filed, however, he could not dispute that the applicant is cooperating in the investigation.

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Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant as well as considering the fact that offences are triable by magistrate; the applicant is not a previous convict and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute.

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6.The application is allowed accordingly.

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Order Date :- 27.9.2024 R.C.

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

Manoj @ Manoj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Manoj @ Manoj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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