Allowed

Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay v. State of U.P. Thru. Secy. Deptt. of Home Annexe Bhawan and Another

Allahabad HC6 Sept 2024ABAIL/2061/2024

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail to the applicant under Section 438 Cr.P.C. pending investigation, noting a lack of material against him despite his criminal history, and directed compliance with specific conditions.

What did the court decide?

Interim protection granted; applicant released on bail with two sureties upon arrest if investigation requires, subject to specific conditions.

Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay vs State of… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2061 of 2024 Applicant :- Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay

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Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Annexe Bhawan And Another

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Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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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/FIR No. 12/2024, under Sections 406/420/467/468/471 I.P.C., P.S. Kotwali Nagar, District Ayodhya.

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Learned counsel for the applicant submits that the complainant has made allegations only against accused no. 1. Only bald and sweeping allegations have been made against the rest of the accused persons. There is no specific allegation against the present applicant. No material against the applicant has been collected by the investigating officer. The applicant has been falsely implicated.

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Learned counsel for the applicant submits that since the applicant was employee of M/s Anee Commodity Brokers Pvt. Limited, he has been falsely implicated in 47 cases of different police stations of District Ayodhya and Lucknow as its director Ajit Gupta was also running/associated with several other companies. Apart from the cases related to M/s Anee Bullion Traders, there is no other criminal history of the applicant and neither he is a previous convict.

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

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Issue notice to respondent No. 2.

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Steps be taken within a week.

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Learned AGA has opposed the bail application submitting that the applicant has a criminal history of 47 cases of similar nature, however, from the he could not show any material assigning any role of the applicant in commission of the offence.

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List on 30.09.2024.

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Perused the record.

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Prima facie from perusal of the FIR, there appears to be no material against the applicant; criminal history relating to one company where the applicant was employee has been explained by him.

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On due consideration to the observations made herein above as well as considering the fact that the applicant is not a previous convict and also considering the judgment in Sushila Aggarwal

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and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, 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 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

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leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Learned AGA shall file counter affidavit in the meantime. Order Date :- 6.9.2024 R.C.

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

Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay v. State of U.P. Thru. Secy. Deptt. of Home Annexe Bhawan and Another

Case brief

What is this about?

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Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay v. State of U.P. Thru. Secy. Deptt. of Home Annexe Bhawan and Another

Case brief

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