Allowed

Chhote @ Vajid Ali v. State of Up and 2 Others

Allahabad HC20 Nov 2024NABAIL/10254/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant under Section 482 of the B.N.S.S. onwards, confining the grant until the submission of the police report under Section 173(2) Cr.P.C., subject to standard conditions.

What did the court decide?

Anticipatory bail granted till the submission of the police report on a personal bond of Rs. 50,000/- with two sureties in like amount, subject to specified conditions.

Chhote @ Vajid Ali Vs State of Up and 2 Others — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182034

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10254 of 2024

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Applicant :- Chhote @ Vajid Ali Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Arvind Kumar, learned counsel for the applicant, learned A.G.A. for the State- opposite party, and perused the material placed on record.

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This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 604 of 2024, under Section 108 B.N.S., Police Station Karwi, District Chitrakoot.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case on the basis of suspicion; F.I.R. dated 21.09.2024 lodged by brother of the deceased with allegation that his brother had taken Rs. 36000/- from the applicant and after some time he had returned Rs. 1,36,000/- but applicant was again demanding Rs. 36,000/- when he refused, he had beaten his brother and also threatened to kill him, therefore his brother has committed suicide. As per post mortem report cause of death is due to Asphyxia as a result of anti mortem hanging and except ligature mark no other injury was found on the body of deceased. Applicant has neither threatened the deceased nor abated him to commit suicide by hanging. As per F.I.R. no offence u/s 108 of B.N.S. is made out against the applicant. The applicant has no criminal antecedents. It is next submitted that 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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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

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the applicant, considering the nature of accusations, antecedents of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Chhote @ Vajid Ali, 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 hi, 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 :- 21.11.2024 VS

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

Chhote @ Vajid Ali v. State of Up and 2 Others

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What is this about?

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Chhote @ Vajid Ali v. State of Up and 2 Others

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