Disposed

Bachchhan v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC3 Dec 2024ABAIL/2644/2024

Case brief

AI extract

What is this about?

A single-judge bench of the Allahabad High Court granted interim anticipatory bail to the applicant in an IPC 406 case, subject to furnishing a personal bond and two sureties and complying with standard conditions regarding interrogation and non-tampering with evidence.

What did the court decide?

Released on interim anticipatory bail on personal bond and two sureties subject to standard conditions to appear, cooperate, and not tamper with evidence.

Bachchhan vs State of U.P. Thru. Prin. Secy. Home and… — Anticipatory Bail | Allahabad HC (2024)

¶1

Court No. - 15

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2644 of 2024

¶3

Applicant :- Bachchhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another

¶4

Counsel for Applicant :- Anand Kumar Arya,Gajendra Kumar Mishra

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Shree Prakash Singh,J.

¶7

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶8

The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 156 of 2019, under Section 406 of IPC Police Station- Malhipur District- Shrawasti.

¶9

The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that after two months of the alleged incident, the first information report has been lodged against the applicant though, no such offence has ever been committed by him. He also submits that without any cogent piece of evidence, he has been connected in the instant matter and the chargesheet has been filed and the applicant has always cooperated with the investigation proceedings and he undertakes that he will never abscond from the same. He also submits that there is acute apprehension that police will arrest him thus, submission is that the applicant may be granted anticipatory bail.

¶10

On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committing offence and as such, he is not entitled for any relief.

¶11

Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Bachchhan shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶12

(i) that the applicant shall make himself available for

¶13

interrogation by a police officer as and when required;

¶14

(ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

¶15

(iii) that the applicant shall not leave India without the previous permission of the court;

¶16

(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

¶17

(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

¶18

(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶19

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶20

Let notice be issued to opposite party no. 2, returnable at an early date.

¶21

Steps be taken within a week.

¶22

If steps are taken, office shall proceed accordingly.

¶23

List/put up this matter in the Second week of January, 2025.

¶24

In the meantime, the State as well as opposite party no. 2, may file their counter affidavits.

¶25

Order Date :- 3.12.2024 Mayank

¶26

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bachchhan v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Bachchhan v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Suresh Kumar Verma vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko.

Prabhakar Mishra vs State of U.P. Thru. Prin. Secy. Home Lko. U.P.

Suresh Kumar Verma vs State of U.P. Thru. Prin. Secy. Home Lko.

Rekha @ Dharmawati vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko

Maya Devi Dixit vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Chhavinath Prasad Gupta vs State of U.P. Thru. Prin. Secy. Home Lko.