Allowed

Chhotu Singh Alias Abhinav Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC25 Jul 2024ABAIL/530/2024

Case brief

AI extract

What is this about?

The Allahabad High Court converted an interim order into an absolute order of anticipatory bail for the applicant, citing parity with co-accused and reliance on Sushila Aggarwal.

What did the court decide?

The interim protection granted via interim order is made absolute; applicant to be released on furnishing personal bond and two sureties.

Chhotu Singh Alias Abhinav Singh vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60408

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 530 of 2024

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Applicant :- Chhotu Singh Alias Abhinav Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

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Counsel for Applicant :- Shailendra Pratap Singh,Atul Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 191/2023, under Sections 147, 148, 149, 323, 325, 504, 506, 427, 307, 308 IPC, Police Station Baghrai, District Pratapgarh.

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Heard Sri Shailendra Pratap Singh, learned counsel for the applicant and learned A.G.A. for the State.

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This Court while granting interim protection to the applicant vide order dated 13.03.2024 has passed the following order:-

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"1. Learned AGA informs that he has procured complete instructions in the matter including upto date case diary.

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2. Heard Shri Shailendra Pratap Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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3. The present anticipatory bail application has been moved by the accused/applicant-Chhotu Singh Alias Abhinav Singh in Case Crime No. 191/2023, under Sections 147, 148, 149, 323, 325, 504, 506, 427, 307, 308 IPC, Police Station Baghrai, District Pratapgarh, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

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4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is case of false implication. No specific role of assault has been assigned tot he applicant and even if the case of the prosecution is taken on its face, only general allegations have been levelled and barring the informant Maheep Narain Singh all other injured persons (two persons) have sustained minor injuries which are simple in nature.

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5. It is further submitted that the investigation of the case is pending, however, identically placed co-accused persons, namely, Devendra Bahadur Singh Rajendra Bahadur Singh @ Rajendra Kumar Singh and

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Karan Singh @ Abhay Pratap Singh have been granted regular bail under Section 439 Cr.P.C. and the copies of these bail orders have been placed at pages no. 74 to 82 of the paper book and co-accused Harshmani Singh @ Munna has been granted anticipatory bail by this Court, vide order dated� 26.02.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 377 of 2024.

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6. Learned counsel for the applicant submits that the applicant is not having any criminal history and even if the case of prosecution is taken on its face no case will emerge so far as Section 307 IPC is concerned.

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7. Learned AGA, however, opposes the anticipatory bail of the applicant.

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8. Since identically placed co-accused persons have been provided the facility of interim anticipatory bail and no specific role of any kind has been attributed tot he instant applicant, keeping in view the principle of parity the applicant may also be provided protection from arrest till the next date of listing. Thus connect this anticipatory bail application with CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 377 of 2024 and list on 29.3.2024, by which date the State, if so wish may file counter affidavit/ objections.

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9. It is provided that till the next date of listing i.e. 29.3.2024 in the event of the arrest of the applicant-Chhotu Singh Alias Abhinav Singh involved in the above noted case, he shall be released forthwith on anticipatory bail, on his furnishing personal bonds of Rs. 50,000/- and two sureties in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer/ Arresting Officer with the following conditions;

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(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

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(2) 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 them from disclosing such facts to the Court or to any police officer and shall not leave country without prior permission of the Court."

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Learned counsel for the applicant has submitted that the applicant shall further cooperate in the investigation.

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Learned AGA has submitted that investigation in the matter is going on, however, he could not show from the material on record that the applicant is not cooperating in the investigation and has not misused the liberty of bail granted by this Court.

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On due consideration to the fact that co-accused Harshmani Singh @ Munna (supra) has been granted anticipatory bail by this Court vide order dated 26.02.2024; general allegations have been levelled against the applicant as well as considering the undertaking given by the applicant that he will cooperate in the investigation, the interim protection granted by this Court vide order dated 13.03.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-

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2020 SCC online SC 98.

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In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O./trial court concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) 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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In view of the aforesaid, the application is allowed.

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Order Date :- 3.9.2024 Renu/-

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

Chhotu Singh Alias Abhinav Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Chhotu Singh Alias Abhinav Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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