Allowed

Qadir v. State of U.P. and Anr.

Allahabad HC4 Jun 2020ABAIL/1738/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a charge under Section 386 IPC pending the submission of the police report under Section 173 Cr.P.C., imposing a bond of Rs. 50,000 and specific conduct conditions.

What did the court decide?

Anticipatory bail granted till submission of police report under S. 173(2) Cr.P.C. on furnishing a bond of Rs. 50,000 with two sureties and complying with specified conditions.

Qadir Vs State of U.P. and Anr. — Anticipatory Bail | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1738 of 2020

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Applicant :- Qadir Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lihazur Rahman Khan,Araf Khan Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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This bail application is being disposed of as per the order dated 04.04.2020 of Hon'ble the Chief Justice.

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No objection has been filed online by learned A.G.A.

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Heard Sri Lihazur Rahman Khan and Sri Araf Khan, learned counsels for the applicant.

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Counter affidavit has already been filed which shows that the applicant has criminal history of 5 cases.

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Notice of this anticipatory bail application was served on learned A.G.A on 10.02.2020.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Qadir , in Case Crime No. 1179 of 2019, under Section- 386 IPC, Police Station- Kwarsi, District- Aligarh.

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Sufficient notice of this application has been given to the Government Advocate, but no objection has been filed. Hence there is no justification for granting further time to learned AGA as per Section 438 (3) Cr.P.C. (U.P. Amendment) Application is being decided finally.

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Co-accused, Khurram @ Mohd. Kurram, has already been granted bail vide Crl. Misc. Anticipatory Bail Application No. 1577 of 2020. The applicant has no criminal history to his credit.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila

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Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.

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In the event of arrest of the applicant 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 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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(i) The applicant shall make himself available for interrogation by a police office 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 facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;

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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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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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, independently without being prejudiced by any observations 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 copy of this order downloaded from the official website of this Court 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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Order Date :- 4.6.2020 Rohit

Qadir v. State of U.P. and Anr.

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Qadir v. State of U.P. and Anr.

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