Allowed¶12

Varun Kumar v. State of U.P.

Allahabad HC3 Apr 2025NABAIL/2540/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Deepak Verma, J.), Neutral Citation 2025:AHC:47307, allows Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.2540 of 2025 by order dated 04.04.2025. Applicant Varun Kumar granted anticipatory bail till conclusion of trial in Case Crime No.461 of 2009, S.306 IPC, PS Chatta, District Agra; parity urged with co-accused Arun Chandel (anticipatory bail by coordinate Bench dated 07.01.2025); charge-sheet filed; bail subject to conditions including surrender of passport, no travel abroad without permission, and personal presence at opening of case, framing of charge and S.313 CrPC statement.

What did the court decide?

Anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount, subject to the enumerated conditions. ¶12

Varun Kumar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount, subject to the enumerated conditions.

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Issue for consideration

Whether the applicant Varun Kumar, involved in Case Crime No.461 of 2009 under Section 306 IPC, Police Station Chatta, District Agra, should be released on anticipatory bail.

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Court's answer

The applicant Varun Kumar is to be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned, subject to conditions.

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Ratio / Principle

As a condition of bail, the applicant shall remain present in person before the trial court on the dates fixed for opening of the case and framing of charge.

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Key takeaways

If default of the attendance condition is deliberate or without sufficient cause, it shall be open to the trial court to treat such default as abuse of liberty of bail and proceed against the applicant in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail granted — S.306 IPC case of 2009. Application under S.482 BNSS by Varun Kumar in Case Crime No.461 of 2009, Police Station Chatta, District Agra. Applicant pleaded innocence, claimed parity with co-accused Arun Chandel who had been granted anticipatory bail by a coordinate Bench of this Court by order dated 07.01.2025 till conclusion of trial, and undertook to cooperate with the trial; charge-sheet stood submitted against him. Learned A.G.A. opposed the prayer. Held: applicant to be released on anticipatory bail till conclusion of trial on personal bond with two sureties each in the like amount, subject to conditions — no departure from India without trial court's permission; surrender of passport; no inducement, threat or promise to persons acquainted with the facts; undertaking not to seek adjournments when witnesses are present; and personal presence at opening of the case, framing of charge and recording of statement under S.313 Cr.P.C., deliberate default whereof may be treated as abuse of liberty of bail. (Deepak Verma, J.) Order dated 4.4.2025.

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Neutral Citation No. - 2025:AHC:47307

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2540 of 2025

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Applicant :- Varun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Learned counsel for the applicant has filed supplementary affidavit in regard to correction of Case Crime number, which is typed as Case Crime No.461 of 2023 in place of Case Crime No.461 of 2009.

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

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This application has been moved on behalf of the applicant Varun Kumar seeking anticipatory bail in Case Crime No.461 of 2009, under Section 306 I.P.C., Police Station- Chatta, District Agra.

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It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next argued that coaccused Arun Chandel has been granted anticipatory bail by coordinate Bench of this Court by order dated 07.01.2025 till conclusion of trial. Applicant's case is similar with co-accused who has been granted anticipatory bail by this Court. Investigating Officer has submitted charge-sheet against the applicant. Learned counsel for the applicant next submitted that he would cooperate with the trial proceeding. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. has opposed the prayer of applicant for anticipatory bail.

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Let the applicant Varun Kumar, who is involved in the

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aforesaid crime, be released on anticipatory bail till conclusion of trial 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 applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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iii. That 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 him from disclosing such facts to the Court or to any police officer;

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iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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v. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 4.4.2025/SKD

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

Varun Kumar v. State of U.P.

Case brief

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Varun Kumar v. State of U.P.

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