Allowed

Umesh Chandra v. State of U.P. Thru. Secy. Home Deptt. Lko.

Allahabad HC8 Aug 2024ABAIL/1136/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, considered an application for anticipatory bail under Section 438 Cr.P.C. The applicant was charged under Sections 493, 323, and 506 IPC. The court made the conditional interim order absolute, emphasizing the applicant’s cooperation and the lack of misuse of prior bail protection, while noting potential missing ingredients of the charge. Pending date fixed

What did the court decide?

The interim order granting anticipatory bail was made absolute. The applicant shall not be arrested in purported compliance of any summon or warrant issued till the next date of listing.

Umesh Chandra vs State of U.P. Thru. Secy. Home Deptt… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54768

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1136 of 2024

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Applicant :- Umesh Chandra Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.,Pooja Maurya,Sandhya Devi

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Hon'ble Karunesh Singh Pawar,J.

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1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.997 of 2022 under sections 493, 323, 506 I.P.C., P.S. Kotwali Shahar, district Hardoi.

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2. Heard learned counsel for the applicant and learned A.G.A. for the State.

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3. This Court vide order dated 24.5.2024 passed the following order :

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"Vakalatnama filed by Ms. Sandhya Devi on behalf of informant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and Ms. Pooja Maurya appearing for informant.

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Learned counsel for the applicant submits statement under Section 164 Cr.P.C. of the victim shows that there is no averment that she has been married at any point of time with the present applicant prima facie ingredients of Section 493 IPC are missing. Informant/victim is major. He further undertakes that applicant will co-operate in the trial.

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Perused the record.

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Considering the arguments advanced by learned counsel for the applicant so also the undertaking given by the applicant that he will co-operate in the trial as an interim measure it is provided that applicant shall not be arrested in purported compliace of any summon or warrant issued by the trial court till the next date of listing.

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In case of arrest in purported compliance of any summon/warrant issued, applicant shall be enlarged on anticipatory bail.

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List this case on 15.07.2024.

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In the meantime, learned counsel for the informant may file objections. "

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3. Prior to the order above extracted, the applicant was granted anticipatory bail till filing of the police report vide order dated 15.2.2023.

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Learned counsel for the applicant has submitted that the

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applicant has cooperated in the investigation. He undertakes to cooperate in the trial. He has no criminal history.

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4. Learned A.G.A. has opposed the prayer, however, he could not dispute the aforesaid facts.

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5. Considering the protection granted by this court vide order contained in Annexure No.2, which has not been misused by the applicant, charge sheet has been filed and the applicant has cooperated in the investigation and he further undertakes to cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the order extracted above is liable to be and is hereby made absolute.

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6. The application is allowed accordingly.

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Order Date :- 8.8.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Umesh Chandra v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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Umesh Chandra v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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