The Court granted anticipatory bail to the applicant pending the filing of the police report, noting he was not named in the FIR and there were contradictions in the victim's statements.
Anticipatory bail granted till the submission of the police report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:132896
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8043 of 2024
Applicant :- Nanhake Saroj @ Indrajeet Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
antecedents of the applicant, in particular the fact that the applicant was not named in the first information report and there are contradictions in the statements of the victim under Sections 161 and 164 Cr.P.C., 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.
(i) The applicant shall make himself available for interrogation by a police officer as and when required;
(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;
(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.
Order Date :- 20.8.2024/Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail having been falsely implicated and not named in the FIR.
Whether the contradictions in the victim's statements support the grant of anticipatory bail.
5 provisions across 2 enactments
Nanhake Saroj @ Indrajeet
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
