Allowed

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

Allahabad HC9 Apr 2024/597/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) granted anticipatory bail to two applicants in a case involving sections of IPC relating to murder and criminal property. The court noted the applicants had no criminal history, no flight risk, and a coordinate bench had already granted interim protection.

What did the court decide?

Anticipatory bail granted on a personal bond with two reliable sureties each on standard conditions until the conclusion of the trial.

Harivansh Kumar @ Harivansh Shukla and Another Vs State… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28631

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 597 of 2024

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

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.0030/2024, under Sections 147, 148, 149, 452, 307, 323, 504, 506 IPC, relating to police station Kotwali, District Sitapur.

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The record indicates that a Coordinate Bench of this Court by means of the order dated 19.03.2024 while issuing notice to the complainant had granted ad-interim protection to the applicants.

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The record further indicates that the report has been placed on record dated 02.04.2024 indicating that the notice was tendered to the complainant, however, he has refused to accept the same.

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Considering the above, the service on the complainant is sufficient.

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Learned AGA submits that insofar as the injuries is concerned on recording the statement of the victim, they have supported the case as set up in the FIR.

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Having considered the aforesaid submissions and noticing that the applicants had earlier at point of time had lodged an FIR relating to the incident which occurred on 01.02.2024 which is the subject matter of Case Crime No.0028/2024. No material has been brought on record regarding the Case Crime No.0028/2024. It is a specific case of the applicants that they had first in point of time lodged an FIR and as a counter blast, the complainant had filed the FIR against the applicants. It is apparently a case where both the parties have lodged FIR against each other and the matter is yet to be tested in trial as to

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who is the aggressor.

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In view of the aforesaid and also considered the facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicants including that they have no criminal history and no apprehension has been expressed that the applicants is at flight risk, hence, this Court is of the opinion that the applicants can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the anticipatory bail application is allowed in terms of the interim order dated 19.03.2024 passed by a Coordinate Bench of this Court which is made absolute.

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In the event of arrest of the applicants- Harivansh Kumar @ Harivansh Shukla and Updesh @ Adrash Kumar involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-

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(a) that the applicant shall make himself available for interrogation by the police officer as and when required;

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(b) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(d) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(e) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 9.4.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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