Allowed

Vansh v. State of U.P. and Another

Allahabad HC16 Oct 2024ABAIL/9564/2024

Case brief

AI extract

What is this about?

Criminal Misc. Anticipatory Bail Application wherein the court allowed the petition of Vansh. The court granted bail para, equating him with a co-accused who had already been released by the same court, without expressing an opinion on the merits of the indictment.

What did the court decide?

Applicant released on antiicipatory bail pending trial on furnishing a bond with two sureties and abiding by standard conditions to appear and not tamper with evidence.

Vansh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168904

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9564 of 2024

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Applicant :- Vansh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Imran Khan, learned AGA, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Complaint Case No.469 of 2022, under Section 387 IPC, Police Station Civil Lines, District Etawah during pendency of the trial.

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Learned counsel for the applicant submits that applicant has been summoned along with co-accused Deepak in the present matter on a complaint case for offence under Section 387 IPC and after considering entire facts of the case co-accused Deepak has already been released on anticipatory bail by this Court vide order dated 11.1.2024 and his order has been annexed as Annexure-9 to the affidavit filed in support of the instant anticipatory bail application and on merit, case of applicant is exactly at par with him.

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Per contra, learned AGA, however, opposed the prayer for anticipatory bail but could not dispute the argument on facts

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advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that similarly placed co-accused Deepak has already been released on anticipatory bail by this Court vide order dated 11.1.2024, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

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In the event of arrest of the applicant -Vansh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 or to any police officer or tamper with the evidence.

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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the trial;

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(v) that the applicants shall not pressurize/intimidate the prosecution witness;

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 23.10.2024 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Vansh v. State of U.P. and Another

Case brief

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Vansh v. State of U.P. and Another

Case brief

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