Allowed

Akki @ Dushyant v. State of U.P.

Allahabad HC2 Sept 2024ABAIL/8648/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant in an IPC case under Sections 147, 148, 307, etc., as he was not named in the FIR and had no criminal antecedents. The bail was granted till the submission of the police report under Section 173(2) Cr.P.C. subject to standard conditions.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000/- with two sureties.

Akki @ Dushyant vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:147922

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8648 of 2024

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Applicant :- Akki @ Dushyant Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Copies of the supplementary medical report of Jitendra and Govind as well as statements of the injured persons produced by learned A.G.A. are taken on record.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, 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. 202 of 2024, under Sections 147, 148, 323, 307, 504, 506 I.P.C., Police Station Jewar, District Gautam Buddh Nagar.

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Learned counsel for the applicant submits 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, three persons are alleged to have assaulted four sons of the informant namely Jitendra, Ramesh, Govind and Kuldeep. Subsequently, after three days of the incident, in the statement of the informant and in the statements of four injured persons the name of the applicant was also disclosed. In the alleged incident, as per the supplementary medical report of Jitendra, he sustained fracture on right side of frontal bone of skull. The injured Ramesh sustained an injury on right ear. As per the supplementary medical report of Govind, he also sustained injuries which were not life threatening and were simple in nature, whereas the other injured Kuldeep received injuries which were also not found grievous in nature. It is contended that vague and general role of assault has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the head injury to Jitendra. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the

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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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Learned counsel for the applicant 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 applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report, his name was disclosed in the statement of injured persons, vague and general role of assault has been assigned to the applicant and the applicant has not been nominated as the principal offender who caused the head injury to Jitendra, 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.

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In the event of arrest, the applicant- Akki @ Dushyant 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 applicant shall make himself available for interrogation by a police officer as and when required;

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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 or to any police officer;

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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 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 applicant.

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

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The applicant is 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 :- 11.9.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Akki @ Dushyant v. State of U.P.

Case brief

What is this about?

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Akki @ Dushyant v. State of U.P.

Case brief

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What did the court decide?

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