Disposed

Kiran Gautam and Another v. State of U.P. and Another

Allahabad HC16 Jul 2024ABAIL/6896/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. for two applicants in a Section 306 IPC case (abetment of suicide). Applicant no.1 withdrew after arrest; applicant no.2 Komal Gautam was granted interim anticipatory bail with conditions, pending counter affidavit.

What did the court decide?

Interim anticipatory bail to applicant Komal Gautam on personal bond Rs. 50,000/- with two sureties and conditions; application of applicant no.1 dismissed as withdrawn.

Kiran Gautam and Another vs State of U.P. and Another — Anticipatory Bail | 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. - 6896 of 2024

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Applicant :- Kiran Gautam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mangal Rai,Praveen Kumar Chaubey Counsel for Opposite Party :- G.A.,Santosh Kumar Dubey

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Hon'ble Vivek Varma,J.

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

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At the outset, learned counsel for the applicants submits that during the pendency of the instant application, the applicant no.1Kiran Gautam has been arrested. He prays for withdrawal of the application on behalf of the applicant no.1.

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Accordingly, the instant application on behalf of the applicant no.1 is dismissed as withdrawn.

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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. 235 of 2024, under Section 306 I.P.C., Police Station Khoda, District Ghaziabad.

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Learned counsel for the applicant submits that the applicant no.2 has been falsely implicated in the instant case. It is next contended that identically placed co-accused Mukesh Kumar has been granted interim protection by this Court vide order dated 01.08.2024 passed in Cr. Misc. Anticipatory Bail Application No. 6955 of 2024. Further, as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. The applicant is a lady and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case.

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6. Matter requires consideration.

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Learned A.G.A. has accepted notice on behalf of the Stateopposite party no. 1 and Sri Santosh Kumar Dubey, Advocate, appears for the opposite party no. 2. They pray for and are granted four weeks' time to file counter affidavit.

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List and connect this application along with Cr. Misc. Anticipatory Bail Application No. 6955 of 2024 (Mukesh Kumar Vs. State of U.P. and another) on 02.09.2024.

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Till the next date of listing, in the event of arrest the applicant- Komal Gautam shall be released in the aforesaid case crime on interim anticipatory bail on her 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 herself 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 she has passport, the same shall be deposited by her 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 without being prejudiced by any observation made by this Court while considering 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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Order Date :- 12.8.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Kiran Gautam and Another v. State of U.P. and Another

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Kiran Gautam and Another v. State of U.P. and Another

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