Allowed

Mukesh Alias Mukesh Kumar v. State of U.P.

Allahabad HC1 Oct 2024ABAIL/9691/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail petition filed by Mukesh Alias Mukesh Kumar. Granting confidentiality on merits, the court released the applicant on bail pending investigation, subject to conditions including bond, appearance, and restriction on leaving India.

What did the court decide?

Release on anticipatory bail upon furnishing a personal bond of Rs. 50,000 with two sureties each in like amount.

Mukesh Alias Mukesh Kumar vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164634

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9691 of 2024

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Applicant :- Mukesh Alias Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Mata Pher, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This anticipatory bail application has been moved seeking bail in Case Crime No. 149 of 2024, under Sections 323, 376, 342, 452, 354K, 504, 506 I.P.C., Police Station Kutubsher, District Saharanpur in pursuance of First Information Report dated 06.05.2024, during the pendency of trial.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is submitted that present F.I.R has been lodged against the applicant after a delay of eight months. Earlier, a complaint was filed by the informant against the applicant, his wife and his mother under Sections 323, 376, 452, 504, 506 I.P.C and 67 I.T. Act. In this complaint, the occurrence was shown to have taken place on 05.10.2022, while in the present F.I.R, the date of occurrence is disclosed to have taken place on 28.09.2023. The applicant, his wife and his mother was summoned to face trial under Sections 323, 504, 506 I.P.C and 67 I.T. Act. Applicant's wife namely Smt. Riya @ Reena and his mother namely Smt. Vimla have been granted anticipatory bail by the Court concerned. During investigation of the present case, the informant refused to undergo for her external and internal medical examination, therefore, the allegation of rape is not supported with any medical evidence. During her statement recorded under Section 161 Cr.P.C, the informant did not made any allegation about committing rape with her by the applicant. It is submitted that there is no possibility of tempering the evidence. It has been stated that applicant is having apprehension of imminent arrest and that applicant has no criminal history and that in case, he is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the

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investigation.

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Per-contra, learned A.G.A. has opposed the application for anticipatory bail but could not dispute the aforesaid aspect of the matter.

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Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no criminal antecedents of applicant and there being no possibility of fleeing from justice and in view of law laid down by Hon'ble Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Mukesh Alias Mukesh Kumar involved in aforesaid case crime shall be released on anticipatory bail till submission of the charge sheet on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Station House Officer with the following conditions :-

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(i) the applicant shall appear before the learned trial court on each date when the case is fixed unless exempted.

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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/her/them 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 she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 16.10.2024 PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Mukesh Alias Mukesh Kumar v. State of U.P.

Case brief

What is this about?

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Mukesh Alias Mukesh Kumar v. State of U.P.

Case brief

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What did the court decide?

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