Partly allowed

Ajay Kumar @ Shaitan Singh v. State of U.P. and Another

Allahabad HC9 Sept 2024ABAIL/8924/2024

Case brief

AI extract

What is this about?

High Court Court No. 72 Allahabad disposed of an anticipatory bail application filed by Ajay Kumar under Section 438 Cr.P.C. in a private complaint case for rape and criminal intimidation. The bench granted interim anticipatory bail with conditions pending the filing of counter affidavits.

What did the court decide?

Interim anticipatory bail granted with a bond of Rs. 50,000 and two sureties; case listed for further hearing on 21.11.2024.

Ajay Kumar @ Shaitan Singh vs State of U.P. and Another — Dowry and Cruelty | 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. - 8924 of 2024

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Applicant :- Ajay Kumar @ Shaitan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asif Hasan,Tufail Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Vishnu Kumar Patil, learned counsel for the opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record.

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This application has been filed seeking anticipatory bail in Complaint Case No. 38083 of 2022 (Smt. Roobi Devi Vs. Ajay Kumar @ Shaitan Singh & another), under sections 376, 506 IPC, Police Station Narkhi, District Firozabad.

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Counsel for the applicant submits that the applicant is the brother-in-law (Jeth) of the opposite party no.2. After the complaint was filed, the court concerned had called for the police report. As per the police report, an enmity exists between the parties and number of cases interse the parties are pending. Thereafter, the complaint was dismissed by the Add. Chief Judicial Magistrate on 11.07.2023. Against the said order, the opposite party no.2 preferred a criminal revision numbered as Criminal Revision No. 161 of 2023 (Smt. Ruby Vs. Ajay Kumar and others) before the Addl. District & Sessions Judge/Addl. Special Judge, POCSO Act, Court No.1 Firozabad. The Sessions Court vide order dated 09.11.2023 remanded the matter for fresh consideration. Pursuant thereto, the concerned Magistrate has summoned the applicant. It is contended that no such incident had taken place. No medical report has been annexed along with the complaint. The instant prosecution has been instituted only for the purposes of harassment. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case.

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Matter requires consideration.

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Learned AGA as well as counsel for the opposite party no.2 are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Place this case in the additional cause on 21.11.2024 before the appropriate Bench.

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Till the next date of listing, in the event of arrest of the applicant Ajay Kumar @ Shaitan Singh in the aforesaid case crime 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 make himself available on each and every day 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 him 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, 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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Order Date :- 4.10.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Ajay Kumar @ Shaitan Singh v. State of U.P. and Another

Case brief

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Ajay Kumar @ Shaitan Singh v. State of U.P. and Another

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