Anticipatory bail sought for offence under Section 363 IPC after allegedly taking away a minor. Citing the victim's voluntary statement under Section 164 CrPC and Supreme Court guidance on history-sheeters and criminal antecedents, the court granted anticipatory bail with standard conditions.
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Neutral Citation No. - 2024:AHC:112071
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6520 of 2024
Applicant :- Sandeep Kumar @ Chhota Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shriyansh Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses.
(i) The applicant shall make himself available for interrogation by a police office as and when required.
(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 office.
(iii) The applicant shall not leave India without the previous permission of the Court concerned.
(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.
(v) The applicant shall cooperate with the investigation and make himself/herself available for interrogation whenever required.
(vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
(vii) The applicant shall maintain law and order.
(viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned.
(ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.
(x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.
Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.
Order Date :- 12.7.2024 S.Prakash
Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in a case of taking away a minor, given her Section 164 CrPC statement that she went voluntarily?
Colour shows how this judgement treated each authority
Ash Mohammad Vs. Shiv Raj SinghRelied on¶4
(2012) 9 SCC 446 · Who else cites this
Prabhakar Tewari Vs. State of U.P. and anotherRelied on¶5
2020 (11) SCC 648 · Who else cites this
3 provisions across 2 enactments
Sandeep Kumar @ Chhota
State of U.P.
Another
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
