Allowed

Neelesh v. State of Up and Another

Allahabad HC6 Nov 2024ABAIL/10768/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant in a case of alleged abetment to suicide. The bail is granted till the submission of the police report under section 173(2) Cr.P.C., subject to specific conditions including appearing for interrogation and refraining from influencing witnesses.

What did the court decide?

Anticipatory bail granted to the applicant till the submission of police report under Section 173(2) Cr.P.C. on execution of a personal bond of Rs. 50,000 with two sureties.

Neelesh vs State of Up and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:173864

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10768 of 2024

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Applicant :- Neelesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daksha Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard Sri Daksha Yadav, learned counsel for the applicant and Sri N.K. Sharma, learned A.G.A. for the State. 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.61 of 2024, under section 306 I.P.C., and 4 D.P. Act, 1961, P.S. Raipura, District Chitrakoot.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per allegations in the first information report the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his arguments, counsel, for the applicant has relied upon the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal arising out of Criminal Appeal No. 2091 of 2009 decided on 11.11.2009 . 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. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the 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, in particular of the fact that at this stage there is no substantive evidence to link the applicant with the

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offence, 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 Neelesh 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 :- 6.11.2024 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Neelesh v. State of Up and Another

Case brief

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Neelesh v. State of Up and Another

Case brief

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