Allowed

Narendra @ Vishnu v. State of U.P.

Allahabad HC21 Nov 2024ABAIL/11209/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a rape case involving false implication and unexplained FIR delay. Bail is conditioned on personal bond and availability for interrogation till the police report stage.

What did the court decide?

Anticipatory bail granted pending submission of police report on furnishing personal bond of Rs. 50,000 with two sureties and complying with specific conditions.

Narendra @ Vishnu vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:181540

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Court No. - 69

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11209 of 2024

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Applicant :- Narendra @ Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Ajay Dubey, learned counsel for the applicant and 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. 50 of 2024, under Sections 366, and 376-D I.P.C., Police Station Nibohara, DistrictAgra.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged incident took place on 15.06.2024 whereas the First Information has been lodged on 30.06.2024 after a delay of 15 days without any explanation of delay. The victim is major being 18 years of age as mentioned in the First Information Report itself. The victim in her statement under Sections 161 as well as 164 Cr.P.C. has leveled allegation of rape against the co-accused Sanjay. No case under Section 376-D IPC is made out against 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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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, antecedents of

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the applicant at this stage, there is no substantive 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- Narendra @ Vishnu 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 hi, 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 :- 21.11.2024 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Narendra @ Vishnu v. State of U.P.

Case brief

What is this about?

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Narendra @ Vishnu v. State of U.P.

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