Allowed

Shivam @ Alok v. State of U.P.

Allahabad HC9 Jul 2024ABAIL/6592/2024

Case brief

AI extract

What is this about?

The applicant sought anticipatory bail for offences under Sections 147 and 306 I.P.C., alleging false implication. The Court granted anticipatory bail till the submission of the police report, noting the State could not satisfactorily dispute the applicant's submissions.

What did the court decide?

Anticipatory bail granted till submission of police report, subject to personal bond of Rs. 50,000/- and conditions for cooperation with investigation.

Shivam @ Alok vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116017

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6592 of 2024

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Applicant :- Shivam @ Alok Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Saran,Ram Murti Yadav,Rohan Gupta Counsel for Opposite Party :- G.A., Prem Chandra Dwivedi

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Hon'ble Vivek Varma,J.

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Copy of C.D. No. 3 dated 24.5.2024, produced by the learned AGA, is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and Sri Prem Chandra Dwivedi, counsel for the informant. 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.240 of 2024, under sections 147 and 306 I.P.C., P.S. Kishni, District Mainpuri.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report was lodged on 8.5.2024 against the applicant and six others under sections 147, 304 I.P.C. During the course of investigation as per C.D. no.3 dated 24.5.2024 the case was converted under Section 147/306 I.P.C. It is further contended that the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. 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. for the State and counsel for the 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 further submits 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 learned counsel for the applicant, considering the nature of accusations and

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antecedents of the applicant, without commenting on merits of the case, I am of 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 Shivam @ Alok 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 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 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 :- 22.7.2024 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Shivam @ Alok v. State of U.P.

Case brief

What is this about?

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Shivam @ Alok v. State of U.P.

Case brief

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