Allowed

Mohammad Shafi Alias Pappu Alias Wali v. State of U.P.

Allahabad HC5 Feb 2020ABAIL/1147/2020

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to the applicant in a case of inter-factional firing with no injury. The court imposed conditions including availability for interrogation, non-injury to witnesses, non-exit from India, and expedited investigation within four months.

What did the court decide?

Anticipatory bail granted subject to furnishing a bond of Rs. 50,000 with two sureties and compliance with specified conditions regarding investigation and trial timelines.

Mohammad Shafi Alias Pappu Alias Wali Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1147 of 2020

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Applicant :- Mohammad Shafi Alias Pappu Alias Wali Opposite Party :- State of U.P. Counsel for Applicant :- Nipun Singh,Upendra Kumar 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 as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.

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It has been contended by learned counsel for the applicant that the first informant received an information on 17.12.2019 at about 10:40 PM that in Mohalla Motinagar firing is taking place between two factions. As the police reached that spot both the sides fled away from the scene of incident. It is argued that some persons of the locality disclosed the name of the applicant. There is no allegation that any firing was resorted towards police party and they had made any interference in the performance of their duties and the first informant. Admittedly, it is a case of no injury. He has further argued that the applicant has been implicated in this case on account of false implication due to enmity in a criminal case of the year 2009 in which he is on bail. 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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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute that it is a case of no injury and even from the bare reading of the first information report it is not clear as to who have disclosed the name of the applicant to have participated in the firing resorted by two factions.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the facts and circumstances of the case, 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- Mohammad Shafi Alias Pappu Alias Wali involved in Case Crime No. 1198 of 2019, under Sections 147, 148, 149, 188, 307, 353 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Chakeri, District- Kanpur Nagar, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- 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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that the applicant shall make himself available for interrogation by a police officer as and when required;

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that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

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that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;

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that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the Court of Sessions, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/committal of the case to the Court of Sessions.

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In view of aforesaid, the present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed .

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Order Date :- 5.2.2020 Vikas

Mohammad Shafi Alias Pappu Alias Wali v. State of U.P.

Case brief

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Mohammad Shafi Alias Pappu Alias Wali v. State of U.P.

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