Disposed

Dr. Utkarsh Singh v. State of Up and Another

Allahabad HC22 Aug 2024ABAIL/8284/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a case under Sections 376 and 420 IPC where applicant and complainant, both doctors in a matrimonial dispute, settled via mediation with Rs.15 lakh paid and no objection from the complainant. The court granted anticipatory bail till conclusion of trial on conditions including bond of Rs.50,000 with two sureties.

What the court decided

AI extract

Dr. Utkarsh Singh vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:192908

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8284 of 2024

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Applicant :- Dr. Utkarsh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gajendra Singh,Ravindra Sharma

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Counsel for Opposite Party :- Aarushi Khare,G.A.

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Hon'ble Vivek Varma,J.

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Heard Sri Ravindra Sharma, learned counsel for the applicant, Sri Ishan Khare, holding brief of Ms.Aarushi Khare, learned counsel for the opposite party No.2 and Sri Neeraj Kumar Sharma, learned A.G.A. 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.113 of 2024, under Sections 376 and 420 I.P.C., Police Station Civil Lines, District Prayagraj.

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On 05.09.2024, this Court had passed the following order:-

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" 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and Ms. Aarushi Khare, learned counsel for the opposite party no. 2.

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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 No. 15031 of 2024, State v. Utkarsh Singh (Case Crime No. 113 of 2024), under Sections 376, 420 I.P.C., Police Station Civil Lines, District Prayagraj.

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At the outset learned counsel for the applicant as well as learned counsel for the opposite party no. 2 submit that the applicant and the opposite party no. 2 (victim) both are well educated and are doctors by profession and there are chances of amicable settlement between the parties, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.

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Sri V.P. Tripathi, learned A.G.A., submits that he has no objection if the matter is referred to the Mediation and Conciliation Centre of this Court. He further submits that the investigation has been completed and the charge-sheet has

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been filed. The concerned court has taken cognizance and summoned the applicant.

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Accordingly, it is directed that both the applicant and the opposite party no. 2 shall appear before the Mediation Centre of this Court on 18.09.2024. On that day the applicant shall produce a demand draft of Rs.50,000/- in favour of the Mediation and Conciliation Centre of this Court. Out of the said amount, Rs.5,000/- shall be retained as mediation fee and rest amount shall be paid to the opposite party no.2 by way of expenses for her appearance before the Mediation Centre. The Mediation Centre shall proceed with the matter and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months from the date of appearance of the parties.

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Place the matter along with the report of mediation on 02.12.2024 in the additional cause list amongst top ten cases.

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Till the next date of listing, in the event of arrest the applicant- Dr. Utkarsh Singh in the aforesaid case crime shall be released on interim anticipatory bail on his 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 appear on each and every date fixed by the Mediation Centre of this Court.

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(ii) The applicant shall make himself available on each and every date fixed in the matter by the court concerned.

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(iii) 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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(iv) 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 case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

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Further, 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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Pursuant thereto, matter was referred to mediation centre. The parties appeared before mediation centre and with the assistance of mediator and conciliator arrived at settlement. The relevant portion of the settlement agreement is quoted below:

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"In view of the Interim Settlement Agreement dated 23.10.2024, the following settlement has been arrived at between the parties hereto:-

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a) That Dr. Utkarsh Singh (Applicant) is present along with his counsel Shri Gajendra Singh on the other hand Dr. Priyanka Singh (O.P. No.2) is also present along with her counsel Anjali Singh.

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b) That the parties have amicably settled their dispute on the conditions that applicant shall pay an amount of Rs.15,00,0000/- (Rupees Fifteen Lakh only) to the O.P. No.2.

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c) That today i.e. 163.11.2024 that applicant-Dr. Utkarsh Singh has produced nine demand drafts amounting to Rs.15,00,000/(Rupees Fifteen Lakh only) issued in favour of Priyanka Singh and the said nine demand drafts are being handed over to the O.P. No.2-Dr.Priyanka Singh today and she has acknowledged the receipts of all the nine demand drafts. The details of which are under:-

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SI. No.	Issuing Bank	Demand Draft Number	Date	Amount
1.	State Bank of India	313081	05/11/24	Rs.1,00,00 0/-
2.	State Bank of India	313082	05/11/24	Rs.1,00,00 0/-
3.	State Bank of India	313083	05/11/24	Rs.1,00,00 0/-
4.	State Bank of India	313084	05/11/24	Rs.2,00,00 0/-
5.	State Bank of India	313085	05/11/24	Rs.2,00,00 0/-
6.	State Bank of India	313086	05/11/24	Rs.2,00,00 0/-
7.	State Bank of India	313087	05/11/24	Rs.2,00,00 0/-
8.	State Bank of India	560401	04/11/24	Rs.2,00,00 0/-
9.	State Bank of India	560402	04/11/24	Rs.2,00,00 0/-

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d) That as agreed between the parties in para7 (d) of the interim settlement dated 23.10.2024, the belongings/ornaments have been exchanged between them today i.e. 13.11.2024 and both have accepted the same.

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e) That in view of the above, the O.P. No.2-Dr. Priyanka Singh shall have no objection, if the Hon'ble Court please to allow the Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.37945 of 2024.

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f) That it has also been agreed between the parties that apart from the cases mentioned in this settlement, if any, civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps.

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g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.

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h) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. "

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Sri Ishan Khare, holding brief of Ms.Aarushi Khare, learned counsel for the opposite party No.2 submit that at present no dispute survive between the parties and he has no objection if the present application is allowed.

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Sri Neeraj Kumar Sharma, learned A.G.A. for the State has 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 parties, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant and opposite party No.2/informant have amicably settled their dispute and have entered into a settlement dated 23.10.2024. Further, the opposite party No.2 has no objection if the instant application is allowed, and the fact that the investigation has been completed, charge-sheet has been filed, the applicant had cooperated in the investigation, the applicant has been summoned by the concerned court, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till conclusion of trial.

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In the event of arrest, the applicant- Dr. Utkarsh Singh , 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 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 case, the applicant does not co-operate in the proceedings of the trial, the applicant shall be taken into custody, forthwith.

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Further, 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 :- 9.12.2024 Amit

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad

Dr. Utkarsh Singh v. State of Up and Another

Case brief

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Dr. Utkarsh Singh v. State of Up and Another

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