Allowed

Sanjay @ Triloki and 2 Others v. State of U.P. and Another

Allahabad HC4 Sept 2024ABAIL/8472/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed an anticipatory bail application filed under Section 438 Cr.P.C. by three applicants alleged to be falsely implicated in a land dispute. The court held the case was purely civil in nature with no substantive evidence against the applicants, granting bail conditioned on submitting a bond and personal appearance.

What did the court decide?

Anticipatory bail granted to applicants till submission of police report under Section 173(2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each and complying with listed co

Sanjay @ Triloki and 2 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143365

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8472 of 2024

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Applicant :- Sanjay @ Triloki And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajnish Kumar Pandey,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants as well as 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.144 of 2023, under sections 420, 467, 468, 471, 120B I.P.C., P.S. Lodha, District Aligarh.

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Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicant no.2 purchased the disputed portion of land from the co-accused Sheetal Sharma vide registered sale deed 2.3.2023. The informant is claiming rights on the said land on the basis of sale deed dated 6.1.2023 executed by Jai Shree Devi. Earlier from the side of the informant first information report was lodged against the applicant nos. 1 and 2 registered as Case Crime No. 44 of 2023 at P.S. Lodha, District Aligarh, under Sections 147, 323, 447, 384, 504, 506 I.P.C. Thereafter another first information report was lodged against the applicant nos. 1 and 2 registered as Case Crime No. 55 of 2023 at P.S. Lodha, District Aligarh, under Sections 147, 148, 323, 325, 427, 506 I.P.C. Thereafter Sheetal Sharma lodged a first information report against the wife of the informant/opposite party no.2 on 31.5.2023 at P.S. Lodha, District Aligarh registered in Case Crime No. 113 of 2023, under Sections 420, 467, 468, 471 I.P.C. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicants for the purposes of harassment. The case is purely civil in nature. The applicant no.1 is the husband of applicant no.2 and the applicant no.3 is the marginal witness. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their in the above mentioned case.

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Learned A.G.A. for the State opposed the prayer for anticipatory

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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 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 and in particular the fact that both the parties are claiming ownership on the disputed and, the fact that the case is purely civil in nature, the fact that at this stage there is no substantive evidence against the applicants, 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 applicants Sanjay @ Triloki, Pinki, Anil Kumar Singh 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 applicants shall themselves available for interrogation by a police officer as and when required;

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(ii) The applicants 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;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants.

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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

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considering and deciding the present anticipatory bail application of the applicants.

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The applicants are 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 application stands disposed of.

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Order Date :- 4.9.2024 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Sanjay @ Triloki and 2 Others v. State of U.P. and Another

Case brief

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Sanjay @ Triloki and 2 Others v. State of U.P. and Another

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