Disposed

Ruchi Agahari and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC21 Aug 2024ABAIL/1867/2024

Case brief

AI extract

What is this about?

Anticipatory bail application for arrest in a FIR involving rioting, attempt to murder and related IPC offences. Interim protection earlier granted was made absolute on grounds of no criminal history and cooperation in investigation.

What did the court decide?

Interim protection made absolute: release on anticipatory bail on furnishing personal bond with two sureties each, subject to listed conditions.

Ruchi Agahari and Another vs State of U.P. Thru. Prin… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59486

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1867 of 2024

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Applicant :- Ruchi Agahari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Counter affidavit filed by learned A.G.A. is taken on record. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.177 of 2024 under sections 147, 149, 307, 323, 504, 506 I.P.C., P.S. Aaspur Devsara, district Pratapgarh.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The co-ordinate Bench of this Court while granting interim protection vide order dated 21.08.2024 has passed the following order:-

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"1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.177 of 2024 under sections 147, 149, 307, 323, 504, 506 I.P.C., P.S. Aaspur Devsara, district Pratapgarh.

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2. Heard learned counsel for the applicants and learned Additional Government Advocate for the State.

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3. Learned counsel for the applicants submits that both the injured Lalji Agrahari and Rekha Devi have assigned specific role of causing head injury by Fawra, to Vikas. Against rest of the accused persons, general allegation has been made. Injuries received by both the injured are simple in nature. Entire family of the applicant has been falsely implicated, including the ladies. The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant

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shall cooperate in the investigation.

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4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He prays for and is allowed two weeks' time to file objections/counter affidavit.

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5. List on 30.08.2024 after connecting with criminal misc. anticipatory bail application No. 1736 of 2024.

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6. Considering the above aspects of the matter, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C.

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7. Till the next date of listing, it is provided that in the event of arrest, the applicants Ruchi Agahari and Rajkumar shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicants shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.

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8. 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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Learned counsel for the applicants submits that applicants are cooperating in the investigation and this fact has not been disputed by learned A.G.A. He also submits that specific role of causing head injury has been assigned to the co-accused Vikas and not to the present applicant.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has not been filed.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal

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antecedents, coupled with the undertaking given by the applicants that they will cooperate in the investigation as also the interim protection granted by this Court vide order dated 21.08.2024 is made absolute 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 applicants- Ruchi Agahari and Rajkumar shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicants 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 applicants 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 :- 30.8.2024 Saurabh Yadav/-

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

Ruchi Agahari and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Ruchi Agahari and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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