Allowed

Sultan v. State of U.P. and Another

Allahabad HC5 Jun 2020ABAIL/2069/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to Sultan in connection with an FIR alleging mutation of property through a fabricated will. Bail conditions included personal bond, sureties, availability for interrogation, and restrictions on leaving India or tampering with evidence.

What did the court decide?

Anticipatory bail granted till submission of police report under S. 173(2) Cr.P.C. on personal bond and conditions.

Sultan Vs State of U.P. and Another — Bail and Remand | 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. - 2069 of 2020

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Applicant :- Sultan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fakhruzzaman 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 4.4.2020 of Hon'ble the Chief Justice.

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Written objection filed by Shri Gambhir Singh, learned A.G.A. is taken on record.

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Perused the material on record.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Sultan , in Case Crime No. 517 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C. , Police Station - Kotwali Konch, District - Jalaun.

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The allegation in the First Information Report is that applicant has got his name mutated in place of his mother on a house which belonged to his father.His mother is alive but showing her dead,he has got his name mutated on the basis of fabricated Will of his mother.

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It has been averred in the affidavit in support of the anticipatory bail application that applicant has been falsely implicated in this case by his own mother on pressure of her other sons.The applicant is residing in the house in dispute and paying house tax regularly. The allegations in the First Information Report are absolutely false.He has already instituted suit for injunction before the court below against his brothers and his mother the. Applicant claims that he has no criminal

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history. He has definite apprehension of his arrest by the police.

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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 in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 .

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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.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 the 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 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

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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 :- 5.6.2020 Atul kr. sri.

Sultan v. State of U.P. and Another

Case brief

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Sultan v. State of U.P. and Another

Case brief

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