Allowed

Nandram and Another v. State of U.P. and Another

Allahabad HC16 Dec 2024NABAIL/11812/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court held that despite a prima facie case, the applicants were entitled to bail for a limited period considering precedents. The court imposed conditions regarding interrogation, tampering, and passport surrender while directing the police to conclude investigation expeditiously.

What did the court decide?

Applicants released on anticipatory bail till submission of police report on furnishing personal bond and two sureties.

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

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Neutral Citation No. - 2024:AHC:197251

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Court No. - 70

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11812 of 2024

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Applicant :- Nandram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Tripathi,Nitin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.108 of 2024 (State Vs. Nandram and others) under Sections 318(2), 338, 336(2), 340(2) B.N.S., (417, 467, 465, 471 I.P.C.) P.S. Rehar, District Bijnor, during pendency of the trial.

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Counsel for the applicants submits that applicants have been falsely implicated in the present case. On perusal of contents of F.I.R., no offence under the alleged Sections is made out. It is a civil nature dispute and applicants' name mutated in the revenue record on account of will deed. The investigation is going on. The applicants have no criminal history. Lastly, it is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA opposed the prayer for anticipatory bail of the applicants with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicants are not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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Let the applicants Nandram and Gaurav who are involved in the aforesaid crime, be released on anticipatory bail till the submission of police report under Section 193(3)(i) B.N.S.S. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

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(i) The applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

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The application stands allowed .

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Order Date :- 17.12.2024 Meenu Singh

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

Nandram and Another v. State of U.P. and Another

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