Allowed

Suresh Babu v. State of U.P. and Another

Allahabad HC1 Dec 2020ABAIL/5977/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant pending the submission of the police report under Section 173(2) Cr.P.C., considering the length of investigation and lack of material evidence against him at the time of the hearing.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 25,000/- with two sureties until submission of police report under Section 173(2) Cr.P.C.

Suresh Babu Vs State of U.P. and Another — 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. - 5977 of 2020 Applicant :- Suresh Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldip Singh Yadav Counsel for Opposite Party :- G.A.,Ranvir Singh

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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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Despite service of notice no one has put in appearance on behalf of the informant.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Suresh Babu , in Case Crime No.- 327 of 2019, under sections 420, 467, 468, 471 IPC, P.S. Fafund, District Auraiya.

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Learned counsel for the applicant submits that though the applicant is a named accused but he is innocent, he has been falsely implicated in above mention case crime number. Coaccused Sripat Narayan has been granted bail by this Court vide order dated 24.09.2019, which is on record at page 34 of the paper book. The case of present applicant is similar and identical to co-accused and therefore, he is entitled to the benefit of parity. It is then contended that the F.I.R was lodged on 21.07.2019. Inspite of the fact that a period of one year two months have rolled by, no police report in terms of Section 1732) has been submitted till date. The investigation is going on but no such material has been collected by Police till date on the basis of by which complicity of the accused can be said to be established in above mentioned case crime number. The custodial arrest of the applicant is not absolutely necessary. Applicant undertakes to co-operate with the investigation. As such, liberty of applicant be protected by extending him the liberty of anticipatory bail. 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.

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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

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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 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:-

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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 :- 1.12.2020 / Rohit

Suresh Babu v. State of U.P. and Another

Case brief

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Suresh Babu v. State of U.P. and Another

Case brief

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