Allowed

Akash Babu v. State of U.P.

Allahabad HC3 Jul 2024ABAIL/6047/2024

Case brief

AI extract

What is this about?

Single judge allowed an anticipatory bail application filed by Akash Babu under Section 438 Cr.P.C. The application was filed in a case involving alleged offences under Sections 419, 420 IPC and Section 15(3) of the Indian Medical Council Act. The court followed the Apex Court decision in Sushila Aggarwal.

What did the court decide?

Allowed the anticipatory bail application. Directed the applicant to be released on personal bond with two sureties subject to specific conditions.

Akash Babu vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:115979

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6047 of 2024

¶4

Applicant :- Akash Babu Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

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

¶7

The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 56 of 2024, under Sections 419, 420 IPC & Section 15(3) of Indian Medical Council Act, 1956, Police Station- Civil Line, District- Etawah, till conclusion of trial.

¶8

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that allegation in the first information report is that at the time of raid co-accused were ran away and applicant, brother of the co-accused, was present in hospital. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. Investigating Officer has submitted charge-sheet in this matter. It is next submitted that similarly placed co-accused Sandhya Kumari has been granted anticipatory bail till conclusion of trial by this Court vide order dated 28.05.2024 passed in Clr. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 5408 of 2024, hence the applicant is also entitled to be enlarged on anticipatory bail. He further submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶9

On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail of the applicant.

¶10

Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020

¶11

SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶12

Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

¶13

Let the applicant- Akash Babu , who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

¶14

i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

¶15

ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

¶16

iii. 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;

¶17

iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶18

v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

¶19

vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶20

Order Date :- 22.7.2024 Meenu Singh

¶21

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

Akash Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ashok Kumar vs State of Up and Another

Smt Arjoo and 3 Others vs State of U.P. though it Principal Secretary and Antoher

Abbal@ Ompal vs State of U.P. and 2 Others

Daya Shanakar Rao vs State of U.P. and Another

Vinay Singh Tomar and 2 Others vs State of U.P. and Another

Nazim Tyagi vs State of U.P. and Another