Disposed

Ankur @ Ankush v. State of U.P.

Allahabad HC24 Sept 2024ABAIL/9416/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an FIR alleging illegal digging of soil under Sections 379/411 IPC and the Mines and Minerals Act. Counter affidavit time was granted to the State. As interim protection till the next date, the applicant was granted interim anticipatory bail on furnishing a personal bond with two sureties, subject to standard conditions.

What did the court decide?

Interim anticipatory bail on personal bond Rs.50,000 with two sureties each, with standard conditions, till next listing.

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

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9416 of 2024

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Applicant :- Ankur @ Ankush Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.53 of 2024, under Sections 379, 411 I.P.C. and 4/21 Mines and Minerals (Regulation and Development) Act, 1957, P.S. Malpura, District Agra.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the F.I.R. is that applicant and coaccused were involved in digging soil. He next submits that applicant's name surfaced in the statement of co-accused. The applicant has no concern with the alleged incident and there is apprehension of arrest of the applicant. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

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List this case immediately after expiry of the aforesaid period.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail 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 with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the 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./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurized/intimidate the prosecution witness.

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(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

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In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 16.10.2024 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Ankur @ Ankush v. State of U.P.

Case brief

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Ankur @ Ankush v. State of U.P.

Case brief

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