Disposed

Kunwar Sen and 7 Others v. State of U.P. and Another

Allahabad HC22 Jul 2024ABAIL/7000/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by eight relatives allegedly implicated in a Section 395 IPC case amid a matrimonial dispute, lodged by a complainant who is a practising lawyer. Court issued notice to opposite party no.2, allowed two weeks for counter affidavit, listed the matter for 22.8.2024, and granted interim anticipatory bail with conditions.

What did the court decide?

Interim anticipatory bail till next hearing date; personal bond Rs.25,000 with two sureties each, subject to stated conditions.

Kunwar Sen and 7 Others vs State of U.P. and Another — Anticipatory Bail | 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. - 7000 of 2024

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Applicant :- Kunwar Sen And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar 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 applicants 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 applicants , namely , Kunwar Sen, Rakesh Kumar, Babu Ram, Naresh Kumar, Girish Kumar, Tilak Ram, Rajpal and Khempal in Sessions Case No.370 of 2023 (Raghuveer Vs. Kunwar Sen and others), under Section 395 I.P.C., Police Station - Binawar, District - Budaun.

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It is submitted by learned counsel for the applicants that applicants and opposite party no.2 are relatives. There is matrimonial dispute. The present First Information Report has been lodged by the complainant, who is practicing lawyer on forged and fabricated grounds. It is submitted that there is no injury found. It is submitted that applicants being relative are falsely implicated in the case. It is further submitted by learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that applicants' case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time. The applicants have no criminal history.

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Learned A.G.A. opposed the prayer.

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Matter requires consideration.

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Issue notice to opposite party no.2.

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Learned AGA prays for and is granted two weeks' time to file counter affidavit.

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List this case on 22.8.2024.

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As an interim protection, till the next date fixed for final hearing on this application, the applicants are granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- 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 applicants shall make themselves available for interrogation by a police office as and when required.

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(ii) The applicants 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/her from disclosing such facts to the Court or to any police office.

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

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(iv) The applicants shall appear before the court concerned on the date fixed personally or through counsel.

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(v) In the event, the applicants changes residential address, the applicants 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 applicants.

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Order Date :- 22.7.2024

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D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Kunwar Sen and 7 Others v. State of U.P. and Another

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Kunwar Sen and 7 Others v. State of U.P. and Another

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