The Allahabad High Court granted anticipatory bail to Deepak Kumar in a case involving offences under the IPC, pending the filing of the charge sheet. Bail was granted for 45 days or until cognizance, subject to standard conditions.
Anticipatory bail granted for 45 days or until cognizance on police report, subject to bond of Rs. 50,000 and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:148771
Court No. - 48
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8769 of 2024
Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant,Deepak Kumar, with a prayer to release him on bail in Case Crime No. 16 of 2014, under Sections- 406,409, 420, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station- Roja, DistrictShahjahanpur, during pendency of trial.
Co-accused,Anuj Kumar Trivedi, was granted anticipatory bail vide Criminal Misc.Anticipatory Bail Application No. 7534 of 2021 on 25.3.2021 for a period of 45 days or till the cognizance is taken by the Magistrate on the police report submitted under section 173(2) Cr.P.C.
Learned counsel for the applicant states that applicant may also be granted same protection.
Learned counsel for the applicant states that charge sheet has not been filed against the applicant. Investigating is still going on. The alleged offences are not made out against the applicant.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused, he deserves to be enlarged on anticipatory bail for a period of 45 days or till the cognizance is taken by the Magistrate on the police report submitted u/s 173 (2) Cr.P.C. before the competent Court, whichever is earlier, 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 Court, subject to the following conditions :-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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;
(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.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce copy of this order before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 11.9.2024 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant deserves anticipatory bail pending trial before the filing of the charge sheet.
Whether anticipatory bail should be granted on the same grounds as granted to the co-accused.
2 provisions across 2 enactments
Deepak Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
