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Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs. 25,000 with two sureties.
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Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5889 of 2020
Applicant :- Mohammad Mohsin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Mohammad Mohsin, with a prayer to release him on bail in Case Crime No. 39 of 2020, under Sections- 417, 419, 420, 423, 467, 468, 471 I.P.C., Police Station- Rajghat, District- Gorakhpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
Learned counsel for the applicant has contended that co-accused persons, Jai Prakash Mishra and Umakant Mani Tripathi, have been granted anticipatory bail by this Court on 06.07.2020 and 01.06.2020 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 3106 of 2020 and 2691 of 2020 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity.
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.
In the event of arrest of the applicant, 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 conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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;
(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;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;
(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.
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.
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.
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.
Order Date :- 10.12.2020 KS
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant on the ground of parity with co-accused.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Explained¶10
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Govind Mishra @ Chhotu Versus State of U.P.Explained¶7
Govind Mishra @ Chhotu Versus State of U.P.
2 provisions across 1 enactments
Mohammad Mohsin
State of U.P.
Siddharth
As recorded by the court registry
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Siddharth
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