Allowed

Babli v. State of U.P.

Allahabad HC8 Jul 2020ABAIL/3679/2020

Case brief

AI extract

What is this about?

Anticipatory bail granted to Babli in cases under IPC Sections 420, 467, 468, 471, and 120B for a period until the submission of a police report. The court imposed conditions including personal bond, appearance for interrogation, and restrictions on tampering or fleeing.

What did the court decide?

Anticipatory bail granted conditioned on personal bond of Rs. 25,000 with two sureties, appearance for interrogation, non-interference with witnesses, and surrender of passport if held.

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

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3679 of 2020 Applicant :- Babli Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.

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Learned counsel for the applicant states that he could not file the certified copy of the impugned F.I.R. and prays for exemption. The exemption application is allowed.

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

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It has been contended by the learned counsel for the applicant that the applicant is neither the witness of the sale deed nor is the beneficiary of the transaction in question. Moreover, the transaction in question was between the complainant and one Shiv Dayal who has earlier lodged two FIRs against the complainant of the present case for the similar offence and the applicant happens to a friend of co-accused Shiv Kumar, has been falsely implicated in the present case. The allegation levelled against the application is false, frivolous and baseless. The applicant has no other reported criminal antecedent, the said fact has been mentioned in paragraph no.17 of the affidavit filed in support of the anticipatory bail application.

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Learned A.G.A. opposed the prayer for anticipatory bail and submitted that there appears to be one criminal case against the applicant under Section 379 I.P.C. of the year 2018.

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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.

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In the event of arrest of the applicant- Babli involved in Case Crime No.22 of 2019, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Sadar Bazar, District Mathura, 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 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

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conditions:-

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(i) the applicant shall make himself available for interrogation by a 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 him from disclosing such facts to the Court or to any police officer;

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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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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 preferably within a period of three months from the date of production of a certified 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.

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The applicant is directed to produce a certified 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.

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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.

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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.

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Order Date :- 8.7.2020/NS

Babli v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babli v. State of U.P.

Case brief

What is this about?

What did the court decide?

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