Allowed

Vansh Singh Chandel @ Kartik Singh v. State of U.P. Thru Secy. Home Deptt. Lko and Anr.

Allahabad HC21 May 2024ABAIL/1060/2024

Case brief

AI extract

What is this about?

In an application seeking anticipatory bail, the court allowed the prayer noting that the victim in the complained-of offense of enticement did not support the prosecution story in her statements and claimed voluntary marriage instead.

What did the court decide?

Application for anticipatory bail allowed; applicant to be released on personal bond with two fresh sureties of Rs.20,000/- each subject to conditions.

Vansh Singh Chandel @ Kartik Singh vs State of… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38271

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Court No. - 12

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1060 of 2024

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Applicant :- Vansh Singh Chandel @ Kartik Singh Opposite Party :- State Of U.P. Thru Secy. Home Deptt. Lko And Anr. Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the parties and perused the case diary also.

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None appeared on behalf of the respondent no.2 despite notice.

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The present application under Section 438 Cr.P.C. has been filed by the applicant seeking anticipatory bail apprehending arrest pursuant to F.I.R. No.0104 of 2024, under Sections 363, 366, 4504, 506 I.P.C., Police Station Kotwali, District Unnao.

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In terms of the F.I.R., a missing person report was lodged alleging therein that the applicant had enticed away the daughter of the informant aged about 17 years. Subsequently, the statements of the victim was recorded under Sections 161 and 164 Cr.P.C. wherein she did not support the prosecution story rather stated that she had gone out of her own free will and married with the applicant. The marriage has also been registered in terms of the certificate which is on record as Annexure No.3.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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Considering the aforesaid facts coupled with the fact that the victim did not support the prosecution story in her statements recorded under Sections 161 and 164 Cr.P.C., as such the applicant is entitled for the benefit of anticipatory bail.

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Accordingly, the present application for

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anticipatory bail is allowed. In the event of arrest, let the applicant Vansh Singh Chandel @ Kartik Singh be released on anticipatory bail in F.I.R. No.0104 of 2024 (supra) on his furnishing a personal bond with two fresh sureties of Rs.20,000/- each to the satisfaction of 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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(d) The applicant shall not leave India without the previous permission of the Court.

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Order Date :- 21.5.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Vansh Singh Chandel @ Kartik Singh v. State of U.P. Thru Secy. Home Deptt. Lko and Anr.

Case brief

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Vansh Singh Chandel @ Kartik Singh v. State of U.P. Thru Secy. Home Deptt. Lko and Anr.

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