Allowed

Aniruddha Kumar Kori v. State of Up and 2 Others

Allahabad HC3 Sept 2024ABAIL/2711/2024

Case brief

AI extract

What is this about?

Hon'ble Vivek Varma, J. granted anticipatory bail to Aniruddha Kumar Kori in an abetment of suicide case under S. 306 IPC. The bail is confined till the submission of the police report under S. 173(2) Cr.P.C., subject to personal bond and standard conditions.

What did the court decide?

Anticipatory bail granted till submission of police report under S. 173(2) Cr.P.C. on personal bond of Rs. 50,000 with two sureties of like amount.

Aniruddha Kumar Kori vs State of Up and 2 Others — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:142721

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2711 of 2024

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Applicant :- Aniruddha Kumar Kori Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- Dhirendra Bahadur Singh,G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the Stateopposite party, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.284 of 2023, under Section 306 I.P.C., Police Station Kotwali, District Jhansi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has not taken any loan from the deceased. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgements of the Apex Court in the case of Geo Varghese vs. State of Rajasthan and another, 2021 SCC OnLine SC 873 . The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that as per the allegations

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in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Aniruddha Kumar Kori be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 3.9.2024 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Aniruddha Kumar Kori v. State of Up and 2 Others

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Aniruddha Kumar Kori v. State of Up and 2 Others

Case brief

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