Allowed

Ashish Sharma v. State of U.P. and Another

Allahabad HC5 Nov 2024ABAIL/10652/2024

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to the applicant in a sexual assault case involving false allegations of video fabrication and extortion, conditional on the police submitting its report within three months.

What did the court decide?

Anticipatory bail granted till the submission of the police report under Section 173(2) Cr.P.C., subject to conditions.

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

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Neutral Citation No. - 2024:AHC:186557

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10652 of 2024

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Applicant :- Ashish Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Second supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party no. 1, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 538 of 2023, under Sections 384, 504, 506, 376 I.P.C., Police Station Cantt., District Varanasi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The informant is a married lady. In this regard reliance has been placed on the first information report lodged by the informant against her husband and in-laws, annexed as Annexure-SA-1 to the second supplementary affidavit. The applicant had not acted inappropriately with the victim/ informant. In fact, the applicant had transferred certain amounts in the bank account of the informant. The screenshots of the transactions are annexed as Annexure-SA-2 to the second supplementary affidavit. No indecent video of the victim/ informant was made viral by the applicant. Reliance has also been placed on the judgment of the Hon'ble Apex Court in the case of Isaac Isanga Musumba and other Vs. State of Maharashtra and others, 2014 (15) SCC 357 . The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the

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record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that no indecent video of the victim/ informant was made viral by the informant, the applicant had transferred certain amounts in the bank account of the informant and at this stage there is no credible evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Ashish Sharma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 28.11.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Ashish Sharma v. State of U.P. and Another

Case brief

What is this about?

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Ashish Sharma v. State of U.P. and Another

Case brief

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