Ankit Kumar v. State of U.P. and 2 Others

Allahabad HC27 Jan 2025NABAIL/374/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Sections 85, 80(2) BNS; Section 3/4 Dowry Prohibition Act; Case Crime No. 158 of 2024; P.S. Friends Colony, Etawah; second statement of informant dated 14.09.2024; vague and general allegations; earlier exoneration vide Parcha No.8 dated 22.7.2024; bail till submission of police report; personal bond Rs. 50,000/- with two sureties; investigation to conclude within three months; Ankit Kumar v. State of U.P.; Allahabad High Court; Vivek Varma, J.; 27.1.2025.

What did the court decide?

Anticipatory bail till submission of the police report under Section 193 (3) of B.N.S.S. on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the enumerated conditions and with liberty to the Investigating Officer to seek cancellation on breach. ¶¶21

Ankit Kumar vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant (brother-in-law of the deceased), earlier exonerated by the Investigating Officer but again sought after the informant's second statement dated 14.09.2024 allegedly containing vague and general allegations, is entitled to anticipatory bail in Case Crime No. 158 of 2024 under Sections 85, 80(2) B.N.S. and Section 3/4 of the Dowry Prohibition Act.

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Court's answer

Without commenting on the merits, considering the nature of accusations, the applicant's antecedents, his earlier exoneration by the Investigating Officer, the revival of investigation only after the informant's second statement containing vague and general allegations, the applicant is entitled to be enlarged on anticipatory bail till the submission of the police report.

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Ratio / Principle

In the event of arrest, the applicant Ankit Kumar is to be released on anticipatory bail in the case crime till the submission of the police report under Section 193 (3) of B.N.S.S. on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement, threat or promise; no departure from India without permission and passport deposit), with liberty to the Investigating Officer to apply for cancellation on default of any condition.

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Key takeaways

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within three months from production of a copy of the order, independently and without being prejudiced by any observation made by this Court.ratio¶¶19
The applicant is directed to produce a copy of the order before the concerned S.S.P./S.P. within ten days, who shall ensure compliance of the order.ratio¶¶20

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J., order dated 27.1.2025) disposed of an anticipatory bail application under Section 482 B.N.S.S. in Case Crime No. 158 of 2024 (Sections 85, 80(2) B.N.S.; Section 3/4, Dowry Prohibition Act), P.S. Friends Colony, District Etawah. The applicant, brother-in-law of the deceased, had earlier been exonerated by the Investigating Officer vide Parcha No.8 dated 22.7.2024; investigation revived only after the informant's second statement dated 14.09.2024, which contained vague and general allegations. Without commenting on merits, the Court granted anticipatory bail confined till submission of the police report under Section 193 (3) B.N.S.S. on a personal bond of Rs. 50,000/- with two sureties, imposed standard conditions, directed the Investigating Officer to conclude the investigation preferably within three months uninfluenced by the Court's observations, and required the applicant to furnish a copy of the order to the S.S.P./S.P. within ten days.

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Neutral Citation No. - 2025:AHC:13704

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 374 of 2025

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Applicant :- Ankit Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudist Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Second statement of the informant dated 14.09.2024 produced by learned A.G.A. is taken on record.

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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 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 158 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Friends Colony, District Etawah.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is brother-inlaw of the deceased. Earlier, after investigation, the Investigating Officer found that the applicant was not involved in the alleged incident, and as such, he was exonerated by him vide Parcha No.8 dated 22.7.2024. On 14.09.2024, the second statement of the informant was recorded by the Investigating Officer. Thereafter, the investigation against the applicant again commenced. It is contended that in the said statement there are vague and general allegations against the applicant. The husband of the deceased has been arrested. On similar allegations the father-in-law and motherin-law have been granted bail by the concerned sessions court. The applicant has no criminal antecedents. The investigation is still pending 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 earlier after investigation, the Investigating Officer found that the applicant was not involved in the alleged incident, and as such, he was exonerated by him; after the second statement of the informant, investigation against the applicant again commenced; in the said statement there are vague and general allegations against the applicant and 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- Ankit Kumar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) of 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 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 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 :- 27.1.2025 Manish Kr

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

Ankit Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ankit Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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