Allowed

Rayees Alias Rayeesuddin and Another v. State of U.P.

Allahabad HC2 Dec 2019BAIL/52278/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court granted anticipatory bail to the applicants accused of serious offences including murder and rioting, subject to bond and conditions, despite opposition from the State.

What did the court decide?

Released on anticipatory bail with personal bond of Rs. 25,000 plus sureties on conditions of interrogation and non-interference.

Rayees Alias Rayeesuddin and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 66

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52278 of 2019

¶3

Applicant :- Rayees Alias Rayeesuddin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajul Bhargava,J.

¶5

Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.

¶6

Learned counsel for the applicants submitted that the applicants and the first informant were living the same locality and both of them belong to Ghosi sub community of Muslim and it is alleged in the F.I.R. that nine named and 50-60 other unknown persons assaulted two persons from the side of prosecution and firing was also resorted to by them; accused were also armed with lathi danda, however, only two persons sustained injury which too are simple in nature, no one sustained firearm injury; the applicants have no criminal history. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.

¶7

Learned A.G.A. has vehemently opposed the prayer for bail.

¶8

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

¶9

In the event of arrest of the applicants Rayees alias Rayeesuddin and Asif alias Chachcha alias Dan involved in Case Crime No. 361 of 2019, u/s 147, 148, 149, 323, 336, 352, 307, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Prem Nagar, District Bareilly 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 their 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.

¶10

(i) the applicants shall make themselves available for

¶11

interrogation by a police officer as and when required;

¶12

(ii) the applicants 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 them from disclosing such facts to the Court or to any police officer;

¶13

(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.

¶14

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 applicants.

¶15

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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

¶16

The applicants are directed to produce a certified 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.

¶17

Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

¶18

In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

¶19

Order Date :- 2.12.2019 Dhirendra/

Rayees Alias Rayeesuddin and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rayees Alias Rayeesuddin and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tanuj Kumar and 3 Others Vs State of U.P. and Another

Pankaj Kumar Field Officer Vs State of U.P. and Another

Suleman Kabari Vs State of U.P.

Sharda Singh Vs State of U.P. and Another

Sonu Vs State of U.P. and Another

Vishal Singh Alias Ravi Singh Vs State of U.P. and Another