Allowed

Ganesh Ahirwar v. State of U.P. and Another

Allahabad HC12 Nov 2024ABAIL/10964/2024

Case brief

AI extract

What is this about?

Court granted anticipatory bail to the applicant pending submission of the police report under Section 438 Cr.P.C., noting the assigned role was vague compared to a co-accused. Bail granted on personal bond with conditions.

What did the court decide?

Anticipatory bail granted pending submission of police report under Section 173(2) Cr.P.C. on personal bond of Rs. 50,000 with two sureties.

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

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Neutral Citation No. - 2024:AHC:176962

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10964 of 2024

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Applicant :- Ganesh Ahirwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the Stateopposite party and perused the material placed on record.

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This application under Section 438 of Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 44 of 2024, under Sections 147, 149, 323, 325, 304, 504, 506 I.P.C., Police Station Babina, District Jhansi.

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Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four persons including the applicant are alleged to have assaulted informant, husband of the informant (Ravi Prajapati) and the father-in-law of the informant (Ram Sewak). During the course of investigation, the husband of the informant succumbed to the injuries. As per the medical report, the deceased, Ravi Prajapati sustained injuries on his head, left forearm and multiple abrasion all over the body. Another injured, Ram Sewak received a fracture of right ulna bone whereas the other injuries were found simple in nature. No medical report with regard to the informant is available on the case diary. The informant in her statement under Section 161 Cr.P.C. and another injured, Ram Sewak as well as independent witnesses, Vimla Prajapati, Pankaj Prajapati and Umesh Prajapati stated that apart from the four named accused, four other persons were also involved in the assault. Further, specific role of assault on the head of the deceased has been assigned to the co-accused, Awdhesh. In such circumstances, it is contended that a vague and general role has been assigned to the applicant. 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 has 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 and the fact

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that specific role of assault on the head of the deceased has been assigned to the coaccused, Awdhesh and a vague and general role has been assigned to 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- Ganesh Ahirwar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) of 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 Police Commissioner 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 :- 12.11.2024 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Ganesh Ahirwar v. State of U.P. and Another

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Ganesh Ahirwar v. State of U.P. and Another

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