Allowed

Shakir @ Sagir Mev v. State of U.P.

Allahabad HC3 Dec 2019BAIL/52326/2019

Case brief

AI extract

What is this about?

Hon'ble Rajul Bhargava, J. granted anticipatory bail to the applicant in an offence under Section 304 IPC, directing investigation completion within three months and specifying bond conditions including supervision about leaving India.

What did the court decide?

Granted anticipatory bail on personal bond of Rs. 25,000 with two sureties, subject to conditions regarding interrogation, inducement, and passport deposit.

Shakir @ Sagir Mev 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. - 52326 of 2019

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Applicant :- Shakir @ Sagir Mev Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Ashish Dwivedi, 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 is full fledged engineer in R.K.I. Electric Company; son of the first informant was asked to climb at pole for rectifying electric fault and suddenly someone switched on electric line on account of which son of the informant died. It is stated that prima facie, there was neither any intention nor knowledge can be inferred from the averment made in the F.I.R. to make out offence u/s 304 IPC. It is argued that case will not travel beyond the purview of Section 304-A IPC. The applicant has no criminal history. 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 Shakir @ Sagir Mev involved in Case Crime No. 558 of 2018, u/s 304 IPC, P.S. Kosikala, District Mathura, 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

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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;

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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 :- 3.12.2019 Dhirendra/

Shakir @ Sagir Mev v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shakir @ Sagir Mev v. State of U.P.

Case brief

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