M. M. SUNDRESH, RAJESH BINDAL
Atul Prajapati – Appellant
Versus
State Of Uttar Pradesh – Respondent
Based on the provided legal document, the key points are as follows:
The appellant was charged under multiple sections of the Indian Penal Code, specifically Sections 311, 406, 420, and 120B, for offences involving cheating and conspiracy (!) (!) .
The investigation has been completed, and a charge-sheet has been filed, indicating that custodial interrogation of the appellant is no longer necessary (!) (!) .
The Court observed that once a charge-sheet is filed, custodial interrogation is generally unnecessary, and this fact influenced the decision to grant anticipatory bail (!) .
The impugned orders denying anticipatory bail were set aside, and anticipatory bail was granted to the appellants with the condition that they must appear before the Trial Court. Additionally, non-cooperation may lead to the bail being canceled (!) (!) .
The Court emphasized that the appellant's cooperation with the Trial Court proceedings is essential, and failure to cooperate may result in bail cancellation (!) .
The appeals were allowed, and the orders granting anticipatory bail were set aside, with new bail conditions imposed to ensure the appellant's cooperation (!) (!) (!) .
In the case involving the second appellant, considering the period of incarceration and the involvement in multiple cases, the Court also found it appropriate to set aside the impugned order and grant bail, subject to the conditions imposed by the Trial Court (!) (!) .
All pending applications were disposed of accordingly, and the appeals resulted in the granting of bail under the specified conditions (!) (!) .
The Court's decision underscores that once a charge-sheet is filed, custodial interrogation is unnecessary for bail considerations, and the focus shifts to ensuring cooperation and proper conduct during trial proceedings [paras 3, 4].
These points summarize the Court's reasoning and rulings regarding the grant of anticipatory bail in the context of completed investigation and filed charge-sheets.
| Table of Content |
|---|
| 1. charges filed under ipc sections (Para 2) |
| 2. custodial interrogation not necessary (Para 3) |
| 3. granting anticipatory bail conditions (Para 4) |
| 4. appeal allowed, bail granted (Para 5 , 6) |
ORDER :
SLP(CRL.) No. 8787/2024:
1. Leave granted.
2. The appellant has been charged with the offences punishable under Sections 311 , 406, 420, 120B of the INDIAN PENAL CODE , 1860.
3. It is not in dispute that pursuant to the investigation, the charge-sheet has been filed and, therefore, the custodial interrogation of the appellant is no longer required.
4. In such view of the matter, we are inclined to set aside the impugned order and grant anticipatory bail to the appellant.
5. Accordingly, the impugned order stands set aside. The appellant is granted anticipatory bail, subject to the condition that he shall appear before the Trial Court and also based on the terms and conditions that may be imposed by the Trial Court. We make it clear that in the event of non-cooperation, it is open to the Trial Court to cancel the anticipatory bail granted by this Court.
6. The appeal is allowed accordingly.
7. Pending application(s), if any, shall stand disposed of.
SLP(CRL) NO. 10055/2024:
1. Leave gra
Anticipatory bail eligibility hinges on compliance with prior court orders and the seriousness of crimes charged.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
Anticipatory bail granted when custodial interrogation is not required, considering the payment made and the relationship between parties.
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