Allowed

Kumar Anand Upadhyay v. State of Rajasthan

Rajasthan HC12 Oct 2023CRLMB/2334/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner, apprehending arrest in a complaint case involvingSections 341, 323, 452, 354, 394 IPC, based on the view that it was a fit case under Section 438 Cr.P.C. Bail was subject to furnishing a personal bond and sureties along with specific conditions.

What did the court decide?

Anticipatory bail granted subject to furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each, and undertaking to cooperate with investigation.

Kumar Anand Upadhyay Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

(1 of 2)

[2023:RJ-JD:34605]

[CRLMB-2334/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2334/2023

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Kumar Anand Upadhyay S/o Madanlal Upadhyay, Aged About 49 Years, B/c Brahmin, R/o A/184 Sanjay Colony, Bhilwara.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Ranjeet Joshi For Respondent(s) : Mr. MS Bhati, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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12/10/2023

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This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.699/2022, Police Station Subhash Nagar, Bhilwara for the offences under Sections 341, 323, 452, 354, 394 IPC.

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Learned counsel for the petitioner submits that there case cross cases between the parties and both the parties have received injuries in the incident. Counsel submits that this is purely a civil dispute between the parties and similarly situated co-accused namely Madan Lal, Smt. Pushpa Devi and Rajendra Kumar have already been granted anticipatory bail by the trial court. In such circumstances, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.

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(2 of 2) [CRLMB-2334/2023]

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[2023:RJ-JD:34605]

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Learned Public Prosecutor opposed the prayer for

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anticipatory bail.

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Heard the learned counsel for the parties and perused the impugned order.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

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Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Kumar Anand Upadhyay S/o Madanlal Upadhyay in connection with FIR No.699/2022, Police Station Subhash Nagar, Bhilwara, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii). that the petitioner 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 any police officer; and

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(iii). that the petitioner shall not leave India without previous permission of the court.

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(MANOJ KUMAR GARG),J

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192-MS/-

Kumar Anand Upadhyay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kumar Anand Upadhyay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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