Allowed

Zafarullah @ Mohd. Zafarullah and 2 Others v. State of U.P.

Allahabad HC25 Nov 2020ABAIL/3903/2020

Case brief

AI extract

What is this about?

This court granted anticipatory bail to two applicants for a limited period pending police report. One applicant was not covered as bail was already dismissed. The court imposed bonds, sureties, and specific conditions while directing expedited investigation.

What did the court decide?

Order passed granting anticipatory bail until submission of police report under Section 173(2) Cr.P.C. upon furnishing bonds and sureties with specific conditions.

Zafarullah @ Mohd. Zafarullah and 2 Others Vs State of… — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3903 of 2020

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Applicant :- Zafarullah @ Mohd. Zafarullah And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Indra Jit Singh,Om Prakash Singh (Senior Adv.),Prashant Kumar Singh,Sushmita Raghav Counsel for Opposite Party :- G.A.,Anand Kumar Pandey

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Hon'ble Siddharth,J.

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Counter affidavit filed by learned A.G.A. in the Court today is taken on record.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed only on behalf of the applicant nos. 1 and 3 namely, Zafarullah @ Mohd. Zafarullah and and Naimullah @ Mohd. Naimullah, respectively with a prayer to release them on bail in Case Crime No. 58 of 2020, under Sections- 147, 148, 149, 308, 323, 504, 506, 436 I.P.C., Police Station- Ubhaw, DistrictBallia.

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Learned counsel for the applicants has submitted that as far as applicant no. 2, Kalimullah @ Mohd. Kalimullah is concerned, he has already been arrested and the bail application may be dismissed as not pressed on his behalf.

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The submission is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The applicants have definite apprehension that they may be arrested by the police any time.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.

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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.

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In the event of arrest of the applicants, they 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 personal bonds 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 applicants shall make himself available for interrogation by the police officer as and when required;

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(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;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them 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 applicants.

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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 applicants.

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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.

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Order Date :- 25.11.2020 KS

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.11.27 20:22:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Zafarullah @ Mohd. Zafarullah and 2 Others v. State of U.P.

Case brief

What is this about?

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Zafarullah @ Mohd. Zafarullah and 2 Others v. State of U.P.

Case brief

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