Allowed

Mohd. Taiyab v. State of U.P.

Allahabad HC20 Nov 2020ABAIL/5448/2020

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the accused under Section 438 Cr.P.C. in a cheating case involving co-accused already released. Bail was granted subject to conditions and within a direction for expedited investigation.

What did the court decide?

Release on anticipatory bail subject to personal bond, two sureties, and specific conditions including availability for interrogation and compliance with investigation.

Mohd. Taiyab Vs State of U.P. — Cheating and Forgery | 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. - 5448 of 2020

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Applicant :- Mohd. Taiyab Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A.,Harish Chandra Mishra

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Hon'ble Siddharth,J.

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Order on Crl. Misc. Exemption Application

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The exemption application is allowed.

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Order on Crl. Misc. Bail Application

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Heard learned counsel for the applicant, Sri H.C. Mishra, learned counsel appearing for the informant and learned A.G.A. for the State.

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This bail application has been preferred by the accusedapplicant, Mohd. Taiyab , who is involved in Case Crime No. 381 of 2018, under Sections- 420, 406, 467, 468, 471, 120B IPC, Police Station- Mudali, District- Meerut.

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Co-accused, Istiyak, has already been granted bail vide order dated 3.2.2020 passed in Criminal Misc. Bail Application No. 934 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity.

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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- Istiyak , involved in Case Crime No. 381 of 2018, under Sections 420, 406, 467, 468, 471, 120B IPC, Police Station Mudali, District Meerut, 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. 1,00,000/- 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 applicant shall make himself available for interrogation

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by a police office 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 office;

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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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Order Date :- 20.11.2020 Rohit

Mohd. Taiyab v. State of U.P.

Case brief

What is this about?

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Mohd. Taiyab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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