Allowed

Anju Yadav and 3 Others v. State of U.P.

Allahabad HC6 Feb 2025ABAIL/923/2025

Case brief

AI extract

What is this about?

This court granted anticipatory bail to applicants under Section 438 Cr.P.C. in a case involving abetment to suicide. The court was satisfied that necessary ingredients for the offence were not made out without commenting on merits. Bail is granted till the submission of police report.

What did the court decide?

Anticipatory bail granted till submission of police report on furnishing personal bond of Rs. 50,000/- with two sureties each and upon certain conditions.

Anju Yadav and 3 Others vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:17317

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 923 of 2025 Applicant :- Anju Yadav And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Kumar,Subhash Chandra Yadava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants 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 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 509 of 2024, under Section 306 I.P.C., Police Station Jiyanpur, District Azamgarh.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The first information report has been lodged belatedly. Further, as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicants, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicants has placed reliance on the judgement of the Apex Court in the case of Amalendu Pal vs. State of West Bengal, Criminal Appeal No. 2091 of 2009, decided on 11.11.2009 . The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their 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 applicants 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 applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the allegations in the first information report, the necessary

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ingredients to constitute the offence under Section 306 I.P.C. are not made out, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicants- Anju Yadav, Ram Samujh, Santosh Yadav and Rampati Yadav 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 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 applicants.

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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 applicants.

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The applicants are 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 :- 6.2.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Anju Yadav and 3 Others v. State of U.P.

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Anju Yadav and 3 Others v. State of U.P.

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