Disposed

Deepak Kumar v. State of U.P. and Another

Allahabad HC8 Jul 2024ABAIL/6218/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in a case under sections 376, 509 and 120-B IPC alleging false implication and a consensual relationship. The court granted anticipatory bail confined to the period till the police report, on conditions, and directed the investigating officer to conclude investigation expeditiously.

What did the court decide?

Anticipatory bail till submission of police report on personal bond of Rs.50,000/- with two sureties each in like amount.

Deepak Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:109936

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6218 of 2024

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Applicant :- Deepak Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Jitendra Kumar Mishra

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Jitendra Kumar Mishra, counsel for the in informant and Sri Anupam Anand, learned brief holder for the State 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.5 of 2024, under section 376, 509, 120-B I.P.C., P.S. Mahila Thana, District Farrukhabad.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the victim were in consensual relationship for more than two years. The consensual sexual relationship that continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. 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 in 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 states 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 counsel for the applicant, considering the nature of accusations and antecedents of the applicant, without commenting on merits of the case, I am of

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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 Deepak Kumar 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 him 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 certified 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 :- 8.7.2024 Neeraj

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

Deepak Kumar v. State of U.P. and Another

Case brief

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Deepak Kumar v. State of U.P. and Another

Case brief

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