Allowed

Gulam Fareed v. State of U.P.

Allahabad HC18 Sept 2020ABAIL/6017/2020

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Gulam Fareed in a criminal case under sections 379, 411, 120-B IPC and the Prevention of Damage to Public Property Act, 1984, subject to conditions including personal bond and sureties.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 25,000, two sureties, and specific conditions including availability for interrogation and non-interference.

Gulam Fareed Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6017 of 2020

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Applicant :- Gulam Fareed Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri A.K.S. Bais, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. appearing for the State and perused the record.

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An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID19.

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The exemption application is allowed.

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The filing of certified copy of the F.I.R. is hereby exempted.

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It has been contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. He is the owner of the Crasser in question. He has no concern with the crime in question and there is no evidence against the applicant. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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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 Gulam Fareed involved in Case Crime No. 319 of 2020 under sections 379, 411, 120-B IPC and 2/3 Prevention of Damage to Public Property Act, 1984, police station Fatehpur, District Saharanpur, 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. 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 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

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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 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 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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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 18.9.2020 Shiraz

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Digitally signed by Justice Ramesh Sinha Date: 2020.09.18 16:57:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Gulam Fareed v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulam Fareed v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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