Ankush Kumar and Another v. State of U.P. and Another
Case brief
What is this about?
Criminal Miscellaneous Anticipatory Bail Application filed seeking relief under Section 438 Cr.P.C. The High Court granted bail on furnishing a personal bond of Rs. 50,000 with two sureties each, subject to specific conditions for interrogation and abiding by procedures. The order was pending before the bench.
What did the court decide?
Grant of anticipatory bail until conclusion of trial upon furnishing a personal bond of Rs. 50,000 with two sureties each, subject to specified conditions.
What the court decided
Neutral Citation No. - 2024:AHC:199190
Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12120 of 2024
Applicant :- Ankush Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Surendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Shri Prashant Sharma, learned counsel for the applicants and Shri S.K.Rai, learned A.G.A. for the State- opposite party, and perused the material placed on record.
This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 116 of 2024, under Sections 306 I.P.C., Police Station - Bharthana, District Etawah, till conclusion of trial.
Learned Counsel for the applicant submits that applicant has been falsely implicated in the instant case. First Information Report dated 26.05.2024 has been lodged by the father of the deceasedvictim against six named accused persons including the applicants. Applicant are father in law and brother in law of the deceased. The applicants have never tortured the deceased or demanded the dowry. The real fact is that on the date of incident the deceased consumed some adulterated food items and when the substance began to take effect on the body of the deceased the husband of the victim rushed her to hospital and in the way the victim died. In the post mortem report it is mentioned that the cause of death could not be ascertained. The husband of the deceased namely Anil Kumar @ Chhote , has been granted regular bail, in Criminal Misc. Bail Application No. 35748 of 2024. It is next submitted that there is every apprehension of their arrest in the above mentioned case.
Issues for consideration
2 issues framed by the court
Whether the applicants are entitled to anticipatory bail in the facts and circumstances of the case.
What conditions should be imposed on the grant of anticipatory bail.
Parties & counsel
- applicant
Ankush Kumar
- applicant
Girish Chandra
Coram
Ashutosh Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- ABAIL/12120/2024
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