Vikas Dubey vs State Of U.P-28/05/2020

ALLAHABAD HIGH COURT

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2655 of 2020

Vikas Dubey vs State Of U.P

DATED: 28 May, 2020

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD

In Chamber

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2655 of 2020

Applicant:- Vikas Dubey

Opposite Party:- State of U.P.

Counsel for Applicant:- Ali Hasan, Istiyaq Ali

Counsel for Opposite Party:- G.A.

Hon’ble Siddharth J.

In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

Heard learned counsel for the applicant and learned AGA, through Video Conferencing.

Perused the material on record.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Vikas Dubey, in Case CrimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. No.27 of 2020 under Sections 406, 420, 504, 506 I.P.C , Police Station – Newarhiya, District – Jaunpur.

Allegation against the applicant is that he took the car of the informant on hire at Rs.700/- per day but did not paid the amount as per the agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act.. Submission is that the dispute is of civil nature and the applicant has been falsely implicated in this case.

Learned AGA has opposed the prayer for anticipatory bail of the applicant.

Without expressing any opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. on the meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period, in this case, considering the exceptions considered by the Hon’ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.

In the event of arrest the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- 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:-

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

(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 office;

(iii) The applicant shall not leave IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more 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.

(iv) The party shall file computer-generated copy of such order downloaded from the official website of High Court Allahabad.

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

(vi) 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.

(vii) The Investigating Officer is directed to conclude the investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

(viii) The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

Order Date:- 28.5.2020

SS