Shibbu @ Shivam v. State of U.P. and Another

Allahabad HC20 Mar 2025NABAIL/2254/2025

Case brief

AI extract

What is this about?

Allahabad HC, CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 2254 of 2025; applicant Shibbu @ Shivam v. State of U.P. and Another; Sections 376 IPC & 67-A IT Act, Case Crime No. 161 of 2024, PS Bhatparrani, Deoria; allowed 21.3.2025 by Deepak Verma, J.; limited-period anticipatory bail relying on Sushila Aggarwal (2020 SCC Online SC 98); bail till police report under s.173(2) Cr.P.C.; bond with two sureties; investigation to conclude within three months.

What did the court decide?

Anticipatory bail granted to Shibbu alias Shivam till submission of the police report under section 173(2) Cr.P.C., on a personal bond with two sureties in the like amount, subject to conditions (i)-(iii); Investigating Officer free to seek cancellation on breach and directed to conclude investigation within three months. ¶¶17

Shibbu @ Shivam Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether the applicant, Shibbu @ Shivam, accused in Case Crime No. 161 of 2024 (Section 376 I.P.C. and Section 67-A, Information Technology Act), is entitled to anticipatory bail while the investigation is ongoing.

¶¶9

Court's answer

Without expressing any opinion on the merits of the case, and considering the nature of accusation and antecedents, the Court held the applicant entitled to anticipatory bail for a limited period, having regard to the exception considered by the Supreme Court in Sushila Aggarwal v. State (NCT of Delhi).

¶¶10

Ratio / Principle

Ordered release of the applicant on anticipatory bail till submission of the police report under section 173(2) Cr.P.C., on furnishing a personal bond with two sureties in the like amount to the satisfaction of the trial court, subject to conditions (availability for interrogation; no inducement, threat or promise; no departure from India without prior permission, passport to be deposited with S.S.P./S.P.).

¶¶11

Key takeaways

In default of any of the bail conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted.ratio¶¶15
Directed the Investigating Officer to conclude the investigation expeditiously, preferably within three months from production of a certified copy of the order, independently and without prejudice from any observation made by this Court in deciding the anticipatory bail application.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J., Court No. 67) granted anticipatory bail under section 482 B.N.S. (BNSS) to Shibbu @ Shivam in Case Crime No. 161 of 2024, under Section 376 I.P.C. and Section 67-A, Information Technology Act, P.S. Bhatparrani, District Deoria. Without expressing any opinion on the merits, and considering the nature of accusation and antecedents, bail was granted for the limited period till submission of the police report under section 173(2) Cr.P.C., invoking the exception considered by the Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98. Release ordered on a personal bond with two sureties, subject to conditions: availability for interrogation; no inducement, threat or promise to dissuade disclosure; no departure from India without prior permission, passport to be deposited with the S.S.P./S.P. On breach, the Investigating Officer may seek cancellation; the Investigating Officer was further directed to conclude the investigation expeditiously, preferably within three months, uninfluenced by the Court's observations. Application allowed (Order Date 21.3.2025).

¶1

Neutral Citation No. - 2025:AHC:41332

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2254 of 2025

¶4

Applicant :- Shibbu @ Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record.

¶7

This anticipatory bail application (under section 482 B.N.S.) has been moved seeking bail in Case Crime No.161 of 2024, under Section 376 I.P.C. & 67-A of Information Technology Act, P.S. Bhatparrani, District Deoria.

¶8

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Informant (victim) is a married lady having physical relation with the applicant, appears to be consensual. Investigating Officer has not found any evidence under section 67-A of Information and Technology Act. All allegations alleged in the FIR is false and baseless and not supported by any evidence. Investigation is going on. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

¶9

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

¶10

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is 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.

¶11

Let the applicant Shibbu alias Shivam , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. 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 :-

¶12

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

¶13

(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;

¶14

(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.

¶15

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.

¶16

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 applicant.

¶17

The application stands allowed.

¶18

Order Date :- 21.3.2025 SKD

¶19

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

Shibbu @ Shivam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shibbu @ Shivam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases