Allowed

Kalicharan v. State of U.P. and Another

Allahabad HC19 Nov 2024ABAIL/11178/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant in a case involving sexual assault, extortion, and criminal intimidation. The applicant was released on a personal bond with conditions regarding availability for interrogation, not influencing witnesses, and not leaving the country. The investigation was directed to be concluded expeditiously.

What did the court decide?

Enlargement on anticipatory bail on a personal bond of Rs. 50,000 with two sureties each of similar amount till the submission of police report.

Kalicharan vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:180957

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Court No. - 69

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11178 of 2024

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Applicant :- Kalicharan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri S. S. Kaithal, learned counsel for the applicant, learned A.G.A. for the State/Opposite Party 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. 261 of 2024, under Sections 376, 384, 506 I.P.C., Police Station Linepar, District Firozabad.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the aforesaid offence under Sections 376, 384 and 506 IPC are not made out. Learned counsel for the applicant submits that there is no evidence of making viral of objectionable photographs of the victim and the applicant has not demanded money for not making viral the photographs. Learned counsel for the applicant further submits that the alleged incident is stated to have taken place on 08.03.2024 whereas the FIR has been lodged on 10.09.2024 and no satisfactory explanation has been given for the delay. He further submits that the victim is major and no injury has been reported in the medical report. He further submits 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicants and the fact that as per the allegations in the first

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information report, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, the Court is 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, Kalicharan 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 him 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 them, 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 :- 19.11.2024 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Kalicharan v. State of U.P. and Another

Case brief

What is this about?

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Kalicharan v. State of U.P. and Another

Case brief

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