Single judge of Allahabad High Court granted anticipatory bail to Gulfam Navi and Shadab Navi in an online fraud case pending under IPC 420 and IT Act 66. Bail granted till police report submission with personal bond and sureties.
Anticipatory bail granted till submission of police report on personal bond of Rs 25,000 with two sureties.
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Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2352 of 2020
Applicant :- Gulfam Navi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Gulfam Navi and Shadab Navi , in Case Crime No.604 of 2018, under Section- 420 IPC and Section 66 of Information Technology Act, Police Station- Phaphund, District- Auraiya.
There is allegation of online fraud against the applicants. They are alleged to have taken the OTP from the informant and withdrawn the amount form his account. However it has been submitted that the investigation has not been completed. No police report has been submitted. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents, the applicants are 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 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.
In the event of arrest of the applicants 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:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required;
(ii) The applicants 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;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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.
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 applicants.
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 applicants.
The applicants are 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.
Order Date :- 3.12.2020 Rohit
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants given the incomplete investigation and lack of FIR details.
Whether the applicants have definite apprehension of arrest justifying anticipatory bail under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs State (NCT of Delhi)Followed¶9
Sushila Aggarwal vs State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Criminal Misc. Anticipatory Bail Application No. 2609 of 2020Relied on¶9
Criminal Misc. Anticipatory Bail Application No. 2609 of 2020
2 provisions across 1 enactments
Gulfam Navi and Shadab Navi
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
