Allowed

Ram Sajeewan Patel v. State of U.P.

Allahabad HC2 Aug 2024ABAIL/7552/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant till the submission of the police report. The bail was conditioned on a personal bond of Rs. 50,000 with two sureties and adherence to standard conditions such as appearing for interrogation and not absconding.

What did the court decide?

Anticipatory bail granted till the submission of the police report on a personal bond of Rs. 50,000 with two sureties.

Ram Sajeewan Patel vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124441

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7552 of 2024

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Applicant :- Ram Sajeewan Patel Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Sri Sudhakar Yadav, Advocate has filed his Vakalatnama on behalf of the complainant. The same is taken on record.

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Heard learned counsel for the applicant, Sri Sudhakar Yadav, learned counsel for the complainant as well as Sri Neeraj Kumar Sharma, learned AGA and perused the material available on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 32 of 2023, under sections 323, 504, 506, 376-D IPC, Police Station Special Investigation Team Lucknow (Rural), District Prayagraj.

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Counsel for the applicant submits that the applicant was the Gram Pradhan and has been falsely implicated in the instant case. The incident is alleged to have occurred on 27.09.2019. An application under Section 156 (3) Cr.P.C. was filed by the complainant on 09.10.2019. The said application was treated as a complaint case and thereafter the proceedings remain pending. During the pendency of the proceedings, an application U/s 482 Cr.P.C. No. 20438 of 2022 (Nikki Devi Vs. State of U.P. and another) was filed. Pursuant to the order dated 13.02.2023 passed in the said application along with connected petitions, a direction was issued for investigation by the SIT. Pursuant thereto, the instant FIR was lodged on 08.05.2023. By placing reliance upon the report dated 04.10.2019 submitted by the Circle Officer, Soraon, pursuant to the IGRS complaint filed by the victim, it is contended that the instant case has been instituted only to exert pressure upon the applicant. The victim/original complainant had filed cases of similar nature against the number of persons only for the purposes of harassment. The details of the same has been annexed as Annexure-11 to the affidavit. The applicant has no criminal antecedents. It is next submitted that the investigation is

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going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. 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 applicants further submits that the application for grant of anticipatory bail be confined only till the submission of the police report.

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Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular, the fact that the Circle Officer in his report dated 04.10.2019 has submitted that the case has been instituted only to exert pressure upon the applicant and the fact, that the victim/original complainant had filed cases of similar nature against the number of persons only for the purposes of harassment, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Ram Sajeewan Patel 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 him 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 anticipatory stands disposed of.

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Order Date :- 2.8.2024 Lbm/-

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

Ram Sajeewan Patel v. State of U.P.

Case brief

What is this about?

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Ram Sajeewan Patel v. State of U.P.

Case brief

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