Disposed

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

Allahabad HC9 Jul 2024ABAIL/6375/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in a 1995 case of dowry death, cruelty and destruction of evidence, claiming he was a minor at the time of the incident and falsely implicated; court issued interim anticipatory bail with conditions.

What did the court decide?

Interim anticipatory bail on furnishing personal bond of Rs. 50,000/- with two sureties each, subject to listed conditions.

Devendra Singh vs State of U.P. and Another — Dowry and Cruelty | 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. - 6375 of 2024

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Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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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 Case Crime No. 369 of 1995, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Fatehpur Sikri, 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 12.12.1995. By placing reliance on the High School certificate of the applicant it is contended that at the time of alleged incident the applicant was minor. Pursuant to the summons issued by the trial court, the applicant approached this Court by filing Application U/S 482 Cr.P.C. No. 5507 of 1997, Devendra Singh and two others v. State of U.P. and others, wherein this Court vide order dated 09.02.1998 passed an interim order staying the arrest of the applicant. Consequently, the said application was dismissed as infructuous in absence of counsel for the applicant on 06.07.2015. Further, as per the report of the Circle Officer concerned dated 15.02.1996, the victim has committed suicide and the informant was duly informed about the incident. It is next contended that no coercive process has been issued against the applicant. The applicant has no criminal antecedents. After investigation charge-sheet has been submitted and 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 28.08.2024 in the additional cause list.

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

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

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

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