Shiva vs State of U.P.

Neutral Citation No. - 2025:AHC:17216

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 456 of 2025

Applicant :- Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Rajnath Ydav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This application under Section 438 of Cr.P.C has been filed seeking anticipatory bail in Case Crime No. 187 of 2024, under Sections 304, 504 and 34 I.P.C., Police Station Jalalpur, District Jaunpur.

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Counsel for the applicant submits that the applicant was not named in the first information report. As per the allegations in the first information report, the co-accused Sunil Sonkar and other unknown persons are alleged to have assaulted the brother of the informant. According to post-mortem report the deceased received a single injury on his head. After almost one month of the alleged incident the name of the applicant was disclosed by the son of the deceased Himanshu and two persons namely Manjoor Alam @ Firoz and Uma Sonkar. It is contended that the said statements are an afterthought. Further, there are vague and general allegations against the applicant. The author of single injury on the head of the deceased is not known. The named co-accused Sunil Sonkar has been granted bail by this Court vide order dated 8.11.2024 passed in Criminal Misc. Bail Application No.38058 of 2024 (Sunil Sonkar vs. State of U.P.). 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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Counsel for the applicant further submits that the application for

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grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, there are vague and general allegations against the applicants, the author of single injury on the head of the deceased is not known, the named co-accused Sunil Sonkar has been granted bail by this Court vide order dated 8.11.2024, 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- Shiva 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 Police Commissioner 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

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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 :- 6.2.2025 Manish Kr

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

Shiva v. State of U.P.

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Shiva v. State of U.P.

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