Allowed

Suleman Kabari v. State of U.P.

Allahabad HC28 Nov 2019BAIL/52325/2019

Case brief

AI extract

What is this about?

In CRCMBA No. 52325 of 2019, this Court granted anticipatory bail to the applicant pending investigation. The Court imposed conditions of surrender for interrogation, non-interference with witnesses, and no unauthorised travel. It directed the Investigating Officer to conclude the investigation within three months.

What did the court decide?

Anticipatory bail granted until the submission of the police report under Section 173(2) CrPC.

Suleman Kabari Vs State of U.P. — Anticipatory Bail | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52325 of 2019

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Applicant :- Suleman Kabari Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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Learned counsel for the applicant submitted that the applicant has approached this Court directly without moving an application for anticipatory bail before the Session Court. It is further stated that for the same offence, his arrest has been stayed by the coordinate Bench of this Court in Bail Application no. 49605 of 2019 vide order dated 15.11.2019 in Case Crime no. 516 of 2019, u/s 379, 411 IPC. He has been falsely implicated in this case. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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

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

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In the event of arrest of the applicant Suleman Kabari involved in Case Crime No. 0351 of 2019, u/s 379, 411 IPC, P.S. Tilhar, District Shahjahanpur, 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 his 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.

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

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(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India 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.

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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.

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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 applicant.

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The applicant is 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.

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

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

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Order Date :- 28.11.2019 Dhirendra/

Suleman Kabari v. State of U.P.

Case brief

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Suleman Kabari v. State of U.P.

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