Allowed

Vivek Singh @ Vikki Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC4 Sept 2024ABAIL/2029/2024

Case brief

AI extract

What is this about?

Court granted interim anticipatory bail to the applicant under Section 438 Cr.P.C. considering delay in FIR and missing ingredients for SC/ST Act offence. Applicant to surrender on arrest with bond and co-operate in investigation.

What did the court decide?

Interim anticipatory bail granted. Applicant to release on bail with personal bond and two sureties of like amount if arrested, along with conditions of cooperation and presence for investigation.

Vivek Singh @ Vikki Singh vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2029 of 2024

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Applicant :- Vivek Singh @ Vikki Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary affidavit filed today is taken on record.

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

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No.147/2021, under Sections 452, 354B, 323, 504, 506 IPC and 3(2) VA SC/ST Act, P.S. Maharuwa, District Ambedkar Nagar.

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Learned counsel for the applicant submits that there were some dispute between the co-accused Akash Singh and relative of the victim and the proceedings under Section 107,117 Cr.P.C were initiated against them. Applicant has been falsely implicated. Medical examination of the victim has been conducted on 09.09.2021 after six days of the incident. The offences under Section 3(2) VA SC/ST Act are not borne out from perusal of the FIR. The injuries are simple in nature and in the form of complaint of pain only. The enmity between the parties is admitted. He submits that the police report which is on record shows that on the relevant date no incident took place as alleged in the FIR.

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Perused the record.

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Learned Addl. Government Advocate prays for and is granted two weeks' time to file counter affidavit.

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Issue notice to respondent No.2.

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List on 03.10.2024.

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On due consideration to the fact that there is delay in lodging the FIR and the ingredients to attract offence under SC/ST Act appear to be missing from the plain reading of the FIR as also considering the judgment of the Apex Court passed in case of

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Prathvi Raj Chauhan vs. Union of India reported in [(2020) 4 SCC 727] , it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicant- Vivek Singh @ Vikki Singh shall be released on bail on his 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 applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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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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Order Date :- 12.9.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Vivek Singh @ Vikki Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Vivek Singh @ Vikki Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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