Allowed

Mustakeem v. State of U.P.

Allahabad HC21 Sept 2020ABAIL/2481/2020

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant under Section 438 Cr.P.C. despite noting the nature of accusation and lack of prior record, outlining specific conditions and timelines for investigation.

What did the court decide?

Grant of anticipatory bail on personal bond of Rs. 25,000 with two sureties subject to conditions including availability for interrogation and no leaving India without permission.

Mustakeem Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2481 of 2020

¶3

Applicant :- Mustakeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ramesh Sinha,J.

¶5

Heard Sri Mohammad Aslam, learned counsel for the applicant, Km. Meena, learned A.G.A. appearing for the State and perused the record.

¶6

It has been contended by the learned counsel for the applicant that the applicant the registered owner of the vehicle in question in which sand was loaded. He submits that the applicant had purchased the said sand from Trupati Balaji Screening Plant copy of receipt of the same has been annexed as annexure-4 to the present bail application. He has been falsely implicated in the present case. The applicant has no other reported criminal antecedent.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

¶9

In the event of arrest of the applicant Mustakeem involved in Case Crime No. 52 of 2020 under sections 379, 411, 120-B I.P.C. and 3/2 Prevention of Damage to Public Property Act, police station Faehpur, District Saharanpur, he 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:-

¶10

(i) the applicant shall make himself available for interrogation by a police office as and when required;

¶11

(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 him from disclosing such facts to the Court or to any police office;

¶12

(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.

¶13

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.

¶14

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a

¶15

period of three months from the date of production of a 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.

¶16

The applicant is directed to produce a 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.

¶17

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

¶18

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

¶19

Order Date :- 21.9.2020 Shiraz

Mustakeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mustakeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikas Pal Vs State of U.P.

Pawan Kumar Srivastava Vs State of U.P.

Maya Devi @ Mayvati Vs State of U.P.

Rajendra Prasad Vs State of U.P.

Vikash Upadhyay Vs State of U.P.

Mukesh Kumar Vs State of U.P.