Allowed

Ankur v. State of U.P. and Another

Allahabad HC30 Aug 2024ABAIL/8265/2024

Case brief

AI extract

What is this about?

The Hon'ble Court enlarged the applicant on anticipatory bail under Section 438 Cr.P.C. It noted the delay in FIR, simple nature of injuries, cooperation with investigation, lack of criminal antecedents, and maximum punishment of seven years as factors supporting the relief.

What did the court decide?

Enlargement on anticipatory bail with a personal bond of Rs. 50,000 and two sureties in like amount, subject to conditions of court attendance, no interference with witnesses, and permission before le

Ankur vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152383

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8265 of 2024

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Applicant :- Ankur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Srivastava,Pradeep Kumar Counsel for Opposite Party :- G.A.

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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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Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material placed on record.

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This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 130 of 2021, under Sections 147, 148, 352, 336, 504, 506, 188, 269, 270 IPC and Section 3 of the Epidemic Diseases Act, Police Station Daurala, District Meerut.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 14.05.2021 and the first information report was lodged on 18.05.2021. The delay is fatal to the prosecution case. As per the allegations in the first information report, two groups were fighting amongst themselves and pelting stones at each other. In the alleged incident, the applicant has also received injuries. The injuries sustained by the other injured were also found simple in nature. For the said offences, the maximum punishment provided is seven years. The applicant had co-operated with the investigation, now the investigation has been completed and charge sheet has been submitted. No custodial interrogation is required. The applicant has no criminal antecedents. 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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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and

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antecedents of the applicant, in particular the fact, that there is delay in lodging the First Information Report, the injuries sustained by the injured persons were found simple in nature, for the said offences, the maximum punishment provided is seven years, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Ankur , involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/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 on each and every date fixed in the matter by the court concerned;

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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;

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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 concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 19.9.2024 Lbm/-

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

Ankur v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ankur v. State of U.P. and Another

Case brief

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What did the court decide?

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