Allowed

Anupam Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC31 Jul 2024/7087/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7087 of 2024, the High Court allowed the bail application of Anupam Singh, a detainee in a case under Sections 376-D and 506 IPC. The court found a prima facie case for bail due to discrepancies between the victim's statement and call detail records, noting that a co-accused had already been granted bail.

What did the court decide?

The applicant Anupam Singh was released on bail by executing a personal bond and providing two reliable sureties of Rs. 20,000/- each, subject to conditions regarding attendance, non-offending, and no

Anupam Singh Vs State of U.P. Thru. Addl. Chief Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52493

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7087 of 2024

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Applicant :- Anupam Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Prem Prakash Singh,Ajmal Khan Counsel for Opposite Party :- G.A.,Pramod Kumar

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Hon'ble Abdul Moin,J.

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The matter is listed before this Court in terms of the nomination of Hon'ble The Chief Justice dated 05.07.2024.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. appearing on behalf of the State-respondent(s) and Shri Pramod Kumar, learned counsel appearing on behalf of the complainant.

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The instant first application for bail has been filed in Case Crime No.61 of 2024, under Sections 376-D, 506 of I.P.C., Police Station Akhandnagar, District Sultanpur, with a prayer to release the applicant on bail during pendency of trial.

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The contention of learned counsel for the applicant is that the applicant has been falsely implicated in the case and he is in jail since 07.04.2024. He submits that the alleged F.I.R. has been lodged on 16.03.2024 in which the applicant herein has been named as an accused.

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The attention of this Court has been invited towards the statement of the victim given under 161 of Cr.P.C., a copy of which has been filed as annexure 2 to the application, to indicate that the victim has stated that the applicant had called her on 21.11.2023 via telephone and had asked her to come to a

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particular place.

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Learned counsel for the applicant indicates that as per the statement given under Section 164 of Cr.P.C. by the victim, the alleged incident took place on 21.11.2023.

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The attention of this Court has also been invited towards annexure 8 to the application dated 04.07.2024 which indicates about the call detail records of the victim to contend that from the period dated 15.11.2023 to 23.11.2023, no communication on phone took place between the applicant herein and the victim having a particular mobile number.

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It is thus contended that no case is made out against the applicant.

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It is further contended that another co-accused namely Vikas Gupta has already been granted bail by this Court vide order dated 19.06.2024 in Criminal Misc. Bail Application No.6472 of 2024 in Re: Vikas Gupta Vs. State of U.P., a copy of which has been filed as annexure No.1 to the rejoinder affidavit.

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On the other hand, learned A.G.A. as well as Shri Pramod Kumar, learned counsel for the complainant have vehemently opposed the prayer of bail of the applicant.

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However, considering the arguments of learned counsel for the applicant including the call detail records which prima facie indicate that the statements of victim has not been supported by the call detail records and the fact the applicant is in jail since 07.04.2024, as such, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant Anupam Singh be released on bail in the

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aforesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 31.7.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Anupam Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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Anupam Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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What did the court decide?

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