Allahabad High Court
Alvar Singh (Anticipatory Bail) vs State Of U.P. on 6 November, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- BAIL No. - 9812 of 2019 Applicant :- Alvar Singh (Anticipatory Bail) Opposite Party :- State of U.P. Counsel for Applicant :- Awanish Kumar Bhatt Hon'ble Dinesh Kumar Singh,J.
1. This application under Section 438 CrPC seeks protection in respect of F.I.R. No.212 of 2019, under Sections 307 and 427 IPC, Police station Arval, District Hardoi.
2. Allegations in the FIR are that the complainant on 08.09.2019, at around 9.45 p.m. was standing with his WagonR car near shop of Ramchandra Prajapati; at that time, the applicant came there by his Bolero vehicle and hit with an intention to kill him, however, he could save himself. In the incident, WaganR car of the complainant was damaged badly.
3. Considering the fact that the complainant has not received any injury and, according to the allegation in the FIR, damage was made to the car of the complainant, it appears to be a case of accident.
4. Considering above aspects, and without entering into merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.30,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. He will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicant shall also be released with the following conditions :-
(i) That the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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; and
(iii) That the applicant shall not leave India without the previous permission of the Court.
5. With the above observation/direction, the anticipatory bail application is disposed of.
Order Date :- 6.11.2019 prateek