Allowed

Nagendra v. State of Up

Allahabad HC3 Jul 2024ABAIL/6069/2024

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by a juvenile accused of various offences under the IPC. The applicant, who has a history of mental disability and was never arrested, was granted bail pending trial subject to conditions.

What did the court decide?

Anticipatory bail allowed till conclusion of trial upon personal bond with two sureties and standard conditions; liberty granted to court to cancel bail on breach of conditions.

Nagendra vs State of Up — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118616

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6069 of 2024

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Applicant :- Nagendra Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Kunwar Tejendra Bahadur, learned AGA, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.118 of 2020, under Sections 308,325,323,504 and 506 IPC, Police Station Sumerpur, District Hamirpur during pendency of the trial.

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Learned counsel for the applicant submits that applicant is juvenile and on the basis of false allegation he was made accused in the present matter along with others.

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He further submtis that all the alleged offences are triable by Magistrate First Class with maximum punishment of seven year, therefore, during investigation applicant was not arrested and after service of notice under Section 41-A Cr.P. C. charge sheet was filed but unfortunately when summons were issued then he could not appear before the Juvenile Board as he was not aware about

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the pendency of the matter.

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He further submits that pursuant to the coercive measures taken by the Board concerned his father was arrested but subsequently he was released.

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He further submits that applicant is also mentally retarded and he is in continuous medical treatment since 2011 and this fact is evident from Annexure-4 to the affidavit filed in support of the instant anticipatory bail application.

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He further submits that as applicant is juvenile and during investigation he was not arrested, therefore, after submission of charge sheet, there is no occasion to send him jail.

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He further submits that applicant is not having any previous criminal history and he is having apprehension, if he will appear before the Board concerned, then he will be sent to jail.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it reflects that charge sheet in the present matter was filed in the year 2020 and since then applicant failed to appear before the concerned Board but it reflects that applicant is juvenile and he was in continuous medical treatment for his mental disability.

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Further, during investigation applicant was not arrested and after service of notice under Section 41-A Cr.P.C. charge sheet was filed against him, therefore, the argument advanced by the learned counsel for the applicant cannot be ruled out at this stage.

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Further, after submission of charge sheet custodial interrogation of applicant does not appear to be necessary.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

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In the event of arrest of the applicant -Nagendra involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) 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.

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

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(iii) that the applicant shall not temper with the evidence during the trial;

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(iv) that the applicants shall not pressurize/intimidate the prosecution witness;

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting

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anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 25.7.2024 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Nagendra v. State of Up

Case brief

What is this about?

What did the court decide?

Nagendra v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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