Allowed

Sher Ali v. State of U.P.

Allahabad HC20 Oct 2020ABAIL/4623/2020

Case brief

AI extract

What is this about?

The High Court disposed of an application for final anticipatory bail. Relying on an interim order dated 25.08.2020 which granted interim bail, the court directed the applicant's release on anticipatory bail in the event of arrest, finding no adverse facts to negate the interim relief.

What did the court decide?

In the event of arrest, the applicant is released on anticipatory bail in terms of the order dated 25.08.2020.

Sher Ali Vs State of U.P. — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4623 of 2020

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Applicant :- Sher Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Vide order dated 25.08.2020, the applicant has been enlarged on interim anticipatory bail. The said order is quoted below:-

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"Heard learned counsel for the applicant and learned A.G.A. and perused the record.

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This anticipatory bail application has been filed by the applicant subsequent to rejection of his anticipatory bail application filed before the Additional Sessions Judge/Special Judge (S.C./S.T. Act), Amroha vide order dated 04.07.2020.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He next submitted that the name of the applicant was disclosed by the co-accused Arif. He also submitted that co-accused Arif has entered into compromise with the first informant and he has paid the damage caused to the scooty which was also recovered from the co-accused. He further submitted that the applicant has no criminal history and has no connection with the alleged offence of theft.

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Learned A.G.A. appearing for State, however, opposed the prayer of anticipatory bail.

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Looking to the facts and circumstances of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, this Court is of the view that at this stage, prima facie case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.

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Learned Additional Government Advocate prays for and is granted four weeks time to file counter affidavit. Learned A.G.A. shall communicate this order to the investigating officer of the case and Superintendent of Police concerned. Rejoinder affidavit, if any, may be filed within three weeks thereafter.

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List this case after two months on 20.10.2020 before appropriate Bench.

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Till the next date of listing, applicant namely Sher Ali involved in Case Crime No. 86 of 2020, under Sections 379, 411 I.P.C., Police Station - Gajraula, District - J. P. Nagar (Amroha), shall be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station

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House Officer of the police station concerned with the following conditions :

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1. The applicant shall make himself available for interrogation by a police officer as and when required;

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2. 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

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3. The applicant shall not leave India without the previous permission of the Court;

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In default of any of the conditions mentioned above, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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It is made clear that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of order downloaded by the official website of the Allahabad High Court shall be acted upon."

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While instructions may have been received by learned AGA, no adverse fact has been brought to the knowledge of the Court.

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In view of the above, in the event of arrest of the applicant - Sher Ali involved in Case Crime No. 86 of 2020, under Sections 379, 411 I.P.C., Police Station - Gajraula, District - J. P. Nagar (Amroha) , he shall be released on anticipatory bail in terms of the order dated 25.08.2020.

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Present application stands disposed of .

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Order Date :- 20.10.2020 Atul

Sher Ali v. State of U.P.

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Sher Ali v. State of U.P.

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