Allowed

Amit Yadav v. State of U.P.

Allahabad HC23 Oct 2024NABAIL/9915/2024

Case brief

AI extract

What is this about?

Single judge allowed the applicant s plea for anticipatory bail pending the filing of the police report in a criminal case alleging kidnapping and abduction, noting inconsistencies in statements and simple injuries.

What did the court decide?

Application allowed; enlarged on anticipatory bail till submission of police report on furnishing personal bond of Rs. 50,000/- with two sureties each giving equivalent bonds.

Amit Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:170530

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9915 of 2024 Applicant :- Amit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar 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 and Sri Rupak Chaubey, 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. 212 of 2024, under Sections 115(2), 352, 351(2), 351(3), 118(1), 140(4) B.N.S., Police Station Sipari Bazar, District Jhansi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first informant was the eye witness. In the first information report and in the statement of the informant to the police there is no allegation of kidnapping or abduction against the applicant. In the statement of the victim to the police allegation of abduction has been levelled. It is contended that the said statement is unreliable and is an afterthought. It discredits the prosecution case. Further, the alleged injuries sustained by the victim were found simple in nature. It is next contended that the co-accused Amit Alias Ankush Thakur has been granted bail by this Court vide order dated 1.10.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.9689 of 2024. The applicant claims parity. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant have apprehension of his arrest in the above mentioned case.

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Learned A.G.A. 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 facts that there are inconsistencies in the statements of the informant and the victim to the police and the injuries sustained by the victim were found simple in nature, 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

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of police report.

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In the event of arrest, the applicant- Amit Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 themselves 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 :- 24.10.2024/Neeraj

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

Amit Yadav v. State of U.P.

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Amit Yadav v. State of U.P.

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