Allowed

Deepak Nagoriya and 2 Others v. State of U.P.

Allahabad HC2 Dec 2024ABAIL/11194/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to three applicants under Section 438 Cr.P.C. in a case involving assault, noting their non-nomination as principal offenders, lack of criminal antecedents, and cooperation during investigation. Bail is subject to specific conditions including appearance warrants and prohibition on absconding.

What did the court decide?

Anticipatory bail granted till the filing of police report subject to bonds, sureties, and conditions regarding appearance and non-interference.

Deepak Nagoriya and 2 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188855

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11194 of 2024

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Applicant :- Deepak Nagoriya And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants as well as Sri Dinesh Tiwari, learned A.G.A. for the State, 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. 609 of 2022, under sections 308, 452, 323, 147, 504, 506 I.P.C., Police Station Hari Parvat, District Agra.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, six persons including the applicants are alleged to have assaulted Nitin Gupta and Anita Gupta. In the opinion of the doctor, the injuries sustained by the injured Anita Gupta were simple in nature. The injured Nitin Gupta sustained eight injuries. The injury no.1 on the head was found grievous in nature. In the statement of both the injured, the applicants have not been nominated as the principal offender, who caused the injury on the head of injured Nitin. A vague and general role has been assigned to the applicants. The charge-sheet has been filed. The applicants had cooperated during investigation. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have been summoned by the court concerned. It is next submitted that the applicants have apprehension of their 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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Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and

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antecedents of the applicants and in particular the fact that in the statement of both the injured, the applicants have not been nominated as the principal offender, who caused the injury on the head of injured Nitin, the fact that a vague and general role has been assigned to the applicants, the fact that the charge-sheet has been filed, the fact that the applicants had cooperated during investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicants- Jitendra Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned;

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(ii) The applicants 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;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.

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Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 2.12.2024 SKT/-

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

Deepak Nagoriya and 2 Others v. State of U.P.

Case brief

What is this about?

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Deepak Nagoriya and 2 Others v. State of U.P.

Case brief

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What did the court decide?

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