Allowed

Shailendra Kumar v. State of U.P. and Another

Allahabad HC29 Aug 2024ABAIL/8453/2024

Case brief

AI extract

What is this about?

Interim anticipatory bail granted in an application under Section 438 Cr.P.C. for a case involving Section 306 IPC, subject to conditions including personal bond and court appearance.

What did the court decide?

Interim anticipatory bail granted on furnishing personal bond of Rs. 50,000/- with two sureties and subject to conditions regarding court appearance and non-tampering.

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

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8453 of 2024

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Applicant :- Shailendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Pratap Singh,Sachin Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record.

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0670 of 2019, under Section 306 I.P.C., Police StationEcotech-3, District- Gautam Buddh Nagar.

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Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. The applicant has no criminal antecedents. The applicant has been summoned by the court concerned. Charge-sheet has been submitted on 14.06.2023. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has apprehension of his arrest in the above mentioned case.

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Matter requires consideration.

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Issue notice to the opposite party no. 2 returnable at an early date.

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Opposite parties are granted four weeks' time to file counter affidavit.

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Connect this case along with Criminal Misc. Anticipatory Bail Application No. 6784 of 2024 (Vedpal Singh Dhanker vs. State of U.P and another).

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Till the next date of listing, in the event of arrest, the applicant Shailendra Kumar involved in the aforesaid case crime be released on interim anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like

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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 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 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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Place this case in the additional cause on 15.10.2024.

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Order Date :- 11.9.2024 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Shailendra Kumar v. State of U.P. and Another

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Shailendra Kumar v. State of U.P. and Another

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