Tej Kumar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

Tej Kumar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail to Tej Kumar in the event of arrest, during pendency of submission of the police report, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to three conditions (attendance on each and every date fixed; no inducement, threat or promise to dissuade disclosure of facts; no departure from India without previous permission and deposit of passport, if any, before the concerned court); in default of any condition, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

Issue for consideration

Whether the applicant Tej Kumar is entitled to anticipatory bail in Case Crime No. 259 of 2024 under Sections 191(2), 103(1), 351(3) of B.N.S.S., Police Station Jalapur, District Jaunpur.

Court's answer

Having regard to the submissions made by learned counsel for the applicant and considering the nature of accusations and antecedents of the applicant, the Court was of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant Tej Kumar is to be released on anticipatory bail during pendency of submission of the police report on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the conditions that he make himself available on each and every date fixed, not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade him from disclosing such facts to the Court, and not leave India without previous permission, depositing his passport (if any) before the concerned court.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANT - Applicant Tej Kumar, arraigned in Case Crime No. 259 of 2024 under Sections 191(2), 103(1), 351(3) of B.N.S.S. at P.S. Jalapur, District Jaunpur for the alleged murder, along with co-accused, of the informant's brother in a state of intoxication and hanging of the body, with the alleged motive of grabbing Rs. 30 Lacs earlier given by the informant to the co-accused, sought anticipatory bail under Section 482 of B.N.S.S., 2023. Counsel urged (i) delay of more than one month in lodging the FIR without satisfactory explanation; (ii) absence of the applicant from the spot, he having gone to Khajuraho; (iii) the deceased being a man of criminal nature and a heavy drinker/alcoholic who had borrowed money from several persons and, it was submitted, may have committed suicide due to non-fulfilment of his liabilities; and (iv) the applicant being an ex-army personnel with no criminal antecedents. The learned A.G.A. opposed the prayer but could not satisfactorily dispute these submissions from the record. HELD, having regard to the submissions and considering the nature of accusations and antecedents of the applicant, that the applicant is entitled to be enlarged on anticipatory bail; in the event of arrest he is to be released during pendency of submission of the police report on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of attendance on each and every date fixed, abstention from inducement, threat or promise to dissuade disclosure of facts to the Court, and no departure from India without previous permission together with deposit of passport, if any, before the concerned court; in default, the court concerned may pass appropriate orders for enforcing and compelling the conditions. Application disposed of. (Paras 9-18)

Neutral Citation No. - 2024:AHC:183925

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10737 of 2024

Applicant :- Tej Kumar Opposite Party :- State of U.P.

Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Supplementary affidavit filed today by Sri Vipin Kumar Singh, learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant, Sri Vipin Kumar Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This application under Section 482 of B.N.S.S., 2023 has been filed seeking anticipatory bail in Case Crime No. 259 of 2024, under Sections 191(2), 103(1), 351(3) of B.N.S.S., Police Station Jalapur, District Jaunpur.

Learned counsel for the applicant submits that the allegation is that the applicant along with other co-accused persons killed the brother of the informant in state of intoxication and hanged his body. It has also been alleged that prior to the aforesaid incident, the informant has given Rs. 30 Lacs to the co-accused persons and in order to grab the money, the accused/applicant along with other co-accused committed murder of the deceased. Learned counsel for the applicant submits that the FIR has been lodged after the delay of more than one month and no satisfactory explanation has been given to this effect. He further submits that at the time of incident the applicant was not present at the spot and he had gone to Khajuraho. He further submits that the deceased was a man of criminal nature and heavy drinker/alcoholic. He further submits that in fact the applicant had borrowed money from several persons but could not refund the same. It appears that he has committed suicide due to non-fulfillment of his liabilities. The applicant is ex-army personnel and he has no criminal antecedents. The applicant is entitled for anticipatory bail till the conclusion of trial.

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

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the Court if of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

In the event of arrest, the applicant Tej Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of submission of police report, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned;

(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 from disclosing such facts to the Court;

(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 concerned court.

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The application stands disposed of.

Order Date :- 23.11.2024 pks

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