Allowed

Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC25 Jul 2024ABAIL/1634/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant under Section 438 Cr.P.C., considering her lack of criminal antecedents, the case facts, and parity afforded to a co-accused, relying on the Supreme Court's dictum in Sushila Aggarwal.

What did the court decide?

Anticipatory bail granted upon furnishing personal bond with two sureties, subject to specific conditions including cooperation in investigation and not leaving India.

Shashi Trivedi vs State of U.P. Thru. Prin. Secy. Deptt… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51391

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1634 of 2024

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Applicant :- Shashi Trivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Anuj Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.55/2024, under Sections 406, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Sitapur.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant submits that co-accused Avinash Kumar Trivedi has been granted bail by this court vide order dated 03.07.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1323 of 2024. He seeks parity with the bail order of Avinash Kumar Trivedi (supra). Applicant has no criminal antecedent.

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Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.

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Learned counsel for the applicant further submits that applicant will cooperate in the investigation.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the

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applicant that she will cooperate in the investigation so also the fact that applicant seeks parity with the bail order of co-accused Avinash Kumar Trivedi (supra), it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 .

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In view of the above, it is provided that in the event of arrest, the applicant- Shashi Trivedi shall be released on anticipatory bail in the aforesaid Case Crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and she will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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The application disposed of.

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Order Date :- 29.7.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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Shashi Trivedi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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