Dismissed

Ghanshyam Verma v. State of U.P. and Another

Allahabad HC22 Oct 2024ABAIL/10264/2024

Case brief

AI extract

What is this about?

In this anticipatory bail application under Section 438 Cr.P.C. for an alleged offence under Section 409 IPC and the Essential Commodities Act, the High Court granted interim anticipatory bail in four weeks up to the next hearing date. The applicant must furnish a personal bond with sureties and adhere to standard conditions including availability for interrogation and non-tampering with evidence.

What did the court decide?

Interim anticipatory bail granted pending next hearing on a personal bond of Rs. 50,000 with two sureties subject to standard conditions.

Ghanshyam Verma vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10264 of 2024

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Applicant :- Ghanshyam Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Srivastava,Vinay Kumar Pathak

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; Sri Devendra Kumar Tripathi, learned counsel for the P.C.F.; learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 200 of 2024, under Sections 409 I.P.C. and Section 3/7 Essential Commodities Act, 1955, P.S. Chhawani, District Basti.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. On perusal of contents of F.I.R., no offence is made out against the applicant. The investigation is going on and the applicant would co-operate with the investigation. It is next submitted that instant case is squarely covered under section 438 Cr.P.C. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. and counsel for the P.C.F. are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

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List this case immediately after expiry of the aforesaid period.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with

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the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurized/intimidate the prosecution witness.

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(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

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In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 12.11.2024 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Ghanshyam Verma v. State of U.P. and Another

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Ghanshyam Verma v. State of U.P. and Another

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