Allowed

Ajay Kumar v. State of Up and Another

Allahabad HC15 Jul 2024ABAIL/6845/2024

Case brief

AI extract

What is this about?

In this anticipatory bail application, the applicant sought bail in a complaint case involving domestic dispute allegations and false implication. The High Court disposed of the matter by granting interim anticipatory bail subject to furnishing a bond with two sureties and adhering to standard conditions regarding interrogation and surrender.

What did the court decide?

Interim anticipatory bail granted on furnishing a personal bond of Rs. 25,000 with two sureties each, subject to standard conditions.

Ajay Kumar vs State of Up and Another — Domestic Violence | Allahabad HC (2024)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6845 of 2024

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Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Ajay Kumar in Complaint Case No. 2038 of 2023 (Girishchandra Vs. Deepak and another) under Sections 147, 452, 504, 364-B I.P.C., Police Station - Bilsi, District - Badaun.

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It is submitted by learned counsel for the applicant that initially first information report was lodged on 22.11.2019 in respect of incident occurred on 30.7.2019. After investigation closure report was submitted. Thereafter protest petition has been filed and on the basis of which it was treated as a complaint case. After recording the statement of the witnesses, applicant has been summoned under Sections 147, 452, 504, 364-B I.P.C. Learned counsel for the applicant further submits that previously the statement during investigation was recorded where victim has stated that she was having dispute with the husband and dispute has arisen on account of the fact that victim was talking to the accused person. Subsequently compromise was entered into between husband and wife although the husband has lodged first information report. In the meantime, victim has stated that husband has lodged first information report as the compromise amount was not paid by the applicant. Learned counsel for the applicant further submits that applicant has been falsely implicated in the case and after investigation closure report was submitted. It is further submitted by learned counsel for the applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

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4. Matter requires consideration.

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Issue notice to opposite party no. 2.

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List this case on 12.9.2024.

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As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/ - with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office 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 office.

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(iii) The applicant shall not leave India without the previous permission of the Court concerned.

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(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.

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Order Date :- 14.8.2024 VMA

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Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Ajay Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. State of Up and Another

Case brief

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What did the court decide?

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