Allowed

Mohsin v. State of U.P.

Allahabad HC23 Nov 2020ABAIL/5619/2020

Case brief

AI extract

What is this about?

The Hon'ble High Court allowed the application under Section 438 Cr.P.C. granting anticipatory bail to the applicant in a triple murder and affray case, equating his liability with that of a co-accused who had already been granted bail. The court imposed standard conditions including payment of a bond and bond surty and made the bail valid until the filing of the police report.

What did the court decide?

The applicant was released on anticipatory bail for a limited period till the submission of the police report, upon furnishing a personal bond of Rs.50,000/- with two sureties each.

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

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Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5619 of 2020 Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Mohsin, in Case Crime No.35 of 2020, under sections 147, 148, 307, 332, 353 IPC and 7 Criminal Law Amendment Act, P.S. Kotwali Nagar, District Aligarh.

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Learned counsel for the applicant has contended that the co-accused, Haider, has been granted anticipatory bail by this Court on 18.9.2020 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5677 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for anticipatory bail on the ground of parity. The applicant has definite apprehension that he may be arrested by the police any time.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant, but does not dispute the claim of parity.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is 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 applicant shall be released on

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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.50,000/- 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 by the 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 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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(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 applicant.

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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 applicant.

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The applicant is 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 :- 23.11.2020 Ruchi Agrahari

Mohsin v. State of U.P.

Case brief

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Mohsin v. State of U.P.

Case brief

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