Disposed

Rinku Singh v. State of U.P. and Another

Allahabad HC9 Jul 2024ABAIL/5071/2024

Case brief

AI extract

What is this about?

This court passed an interim order granting bail to the applicant upon arrest pending the filing of counter affidavit by opposite parties in an anticipatory bail application under Section 438 Cr.P.C. The case involves allegations ofabetting suicide.

What did the court decide?

Interim anticipatory bail granted upon arrest if a personal bond of Rs. 50,000 with two sureties is furnished.

Rinku Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5071 of 2024

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Applicant :- Rinku Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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The instant application under Section 438 Cr.P.C. has been filed with the prayer to grant anticipatory bail to the applicant in Complaint Case No. 884 of 2021, under Section 306 I.P.C., Police Station Sadar Bazar, District Agra.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 17.02.2021. The application under Section 156(3) Cr.P.C. was submitted on 23.12.2021. By order dated 20.08.2022 passed by the court concerned the said application was treated as a complaint case and the applicant has been summoned. As per the allegations in the complaint, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. The applicant has no criminal antecedents. It is next submitted that the applicant has apprehension of his arrest in the above mentioned case.

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Matter requires consideration.

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Learned A.G.A. has accepted notice on behalf of the Stateopposite party no. 1.

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Issue notice to the opposite party no. 2.

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The opposite parties are granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Place this case on 03.09.2024 in the additional cause list.

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Till the next date of listing, in the event of arrest the applicantRinku Singh in the aforesaid case crime shall be released on interim anticipatory bail on his furnishing a personal bond of Rs.

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50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned concerned with the following conditions:-

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(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.

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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 him from disclosing such facts to the Court.

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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 concerned court.

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In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

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Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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Order Date :- 9.7.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Rinku Singh v. State of U.P. and Another

Case brief

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Rinku Singh v. State of U.P. and Another

Case brief

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