Disposed

Gaurav Tyagi v. State of U.P.

Allahabad HC16 Oct 2024ABAIL/9805/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a Sections 307, 506, 120-B IPC case. The applicant was not identified as the offender who fired at the injured, and co-accused had been granted regular and anticipatory bail. Bail granted confined till submission of police report under Section 173(2), with conditions.

What did the court decide?

Applicant released on anticipatory bail till submission of police report on personal bond of Rs. 50,000 with two sureties, subject to conditions.

Gaurav Tyagi vs State of U.P. — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164064

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9805 of 2024

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Applicant :- Gaurav Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal 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 V.P.Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 103 of 2024, under Sections 307, 506, 120-B I.P.C., Police Station Bahadurgarh, District Hapur.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. During the course of investigation, it transpired that Mohit @ Cheema was driving the motocycle and the person sitting behind namely Deepak @ Deepesh had fired at the injured. The applicant has not been identified as the offender, who caused injury to the injured (Sanjeev). The applicant has no concern with the alleged incident. Mohit @ Cheema and Deepak @ Deepesh have been granted regular bail by the Trial Court vide order dated 12.07.2024 passed in Criminal Misc. Bail Application No. 1609 of 2024 (Mohit @ Cheema and Another Vs. State of U.P.). Further, the co-accused Virender Chauhan has been granted anticipatory bail by this Court vide order dated 09.08.2024 passed in Criminal Misc. Anticipatory Bail Application No. 7139 of 2024. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and in particular the fact, that the applicant has not been identified as the offender, who caused injury to the injured and the fact, that Mohit @ Cheema and Deepak @ Deepesh have been granted regular bail by the Trial Court, further, the co-accused Virender Chauhan has been granted anticipatory bail by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled

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to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Gaurav Tyagi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a 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. concerned.

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

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 16.10.2024

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Lbm/-

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

Gaurav Tyagi v. State of U.P.

Case brief

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Gaurav Tyagi v. State of U.P.

Case brief

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