Allowed

Dinesh Chandra v. State of U.P. and Another

Allahabad HC22 Oct 2024ABAIL/10276/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court granted bail to the applicant, a licensee of a fair price shop accused under the Essential Commodities Act, pending the submission of the police report, subject to specific conditions and a personal bond.

What did the court decide?

Release of the applicant on anticipatory bail until the submission of the police report, subject to a personal bond with two sureties and specific conditions.

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

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Neutral Citation No. - 2024:AHC:179160

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10276 of 2024

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Applicant :- Dinesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi 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 and learned AGA for the State and perused the material placed on record.

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This anticipatory bail application has been moved seeking bail in Case Crime No.378 of 2024, under Sections 3/7 Essential Commodities Act, P.S. Ajeetmal, District Auraiya during pendency of the trial.

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Counsel for the applicant submits that applicant is licensee of fair price shop and the informant has inspected his shop on 31.08.2024 and during that time the applicant was not present in the shop and ration holders have made complaint with regard to non distribution of goods. It is next submitted that investigation is in progress and no charge sheet has been submitted. The applicant has no criminal history. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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Let the applicant Dinesh Chandra, who is involved in the aforesaid crime, be released on anticipatory bail till the

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submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

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(i) The applicant shall make himself available for interrogation by a 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. concerned.

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

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The application stands allowed .

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Order Date :- 14.11.2024 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Dinesh Chandra v. State of U.P. and Another

Case brief

What is this about?

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Dinesh Chandra v. State of U.P. and Another

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