Allowed¶13

Salman Qadeer v. State of U.P.

Allahabad HC18 Nov 2020ABAIL/6292/2020

Case brief

AI extract

What is this about?

Anticipatory bail allowed; S. 438 Cr.P.C.; F.I.R. No. 0200 of 2020; Sections 406, 420, 467, 468, 471, 506 IPC; P.S. Kawarsi, District Aligarh; commercial relationship between informant and applicant noted, dispute characterised as civil in submissions; Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98 relied on; bail till police report under S. 173(2) Cr.P.C.; personal bond Rs. 25,000 with two sureties; Siddharth, J.; High Court Allahabad; order date 18.11.2020.

What did the court decide?

Anticipatory bail till submission of the police report under section 173(2) Cr.P.C., on a personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to the conditions in paragraphs 15 to 19; applicant to produce a downloaded copy of the order before the S.S.P./S.P. within ten days. ¶13

Salman Qadeer Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Salman Qadeer is entitled to anticipatory bail under Section 438 Cr.P.C. in F.I.R. No. 0200 of 2020 under Sections 406, 420, 467, 468, 471, 506 IPC, Police Station Kawarsi, District Aligarh.

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Court's answer

Without expressing any opinion on the merits, and considering the nature of accusation and the applicant's antecedents, the applicant is entitled to be released on anticipatory bail for a limited period, having regard to the exceptions considered by the Supreme Court in Sushila Aggarwal and the order dated 22.05.2020 in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.

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Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail till the submission of the police report under section 173(2) Cr.P.C., 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 concerned.

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Key takeaways

From the allegations in the FIR there appears to be a commercial relationship between the informant and the accused applicant; the details of payments and supply of goods cannot be gone into by the Court at the present stage.ratio¶11
The release is subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to dissuade disclosure of facts; no leaving India without previous permission and deposition of passport before the S.S.P./S.P.; and filing/verification of a computer-generated copy of the order downloaded from the official website of the High Court.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail — Siddharth, J. (Allahabad High Court), Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6292 of 2020, decided 18.11.2020: Anticipatory bail granted to applicant Salman Qadeer in F.I.R. No. 0200 of 2020 under Sections 406, 420, 467, 468, 471, 506 IPC, Police Station Kawarsi, District Aligarh. The Court observed that the allegations disclosed a commercial relationship between the informant and the applicant and that the details of payments and supply of goods could not be examined at that stage. Without expressing any opinion on the merits, and considering the nature of accusation and antecedents, and with reference to Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98 and an order dated 22.05.2020 of the same Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020, the applicant was held entitled to release on anticipatory bail till submission of the police report under section 173(2) Cr.P.C., on a personal bond of Rs. 25,000/- with two sureties in the like amount, subject to conditions (availability for interrogation; no inducement or threat; no departure from India without permission and deposit of passport; production and verification of the downloaded order). The Investigating Officer was directed to conclude the investigation expeditiously and independently, uninfluenced by the Court's observations.

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6292 of 2020

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Applicant :- Salman Qadeer Opposite Party :- State of U.P. Counsel for Applicant :- Tauseef Khan,Jeeshan Khan Counsel for Opposite Party :- G.A.,Khalid Mahmood,N.I. Jafari Sr.Advocate,Nazrul Islam Jafri(Senior Adv.)

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Hon'ble Siddharth,J.

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List of supplementary fresh cases have been revised.

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Heard Sri Zeeshan Khan, 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, Salman Qadeer, in F.I.R. No.- 0200 of 2020, under Sections406, 420, 467, 468, 471, 506 IPC, Police Station- Kawarsi, District- Aligarh.

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From the allegations in the FIR there appears to be commercial relationship between the informant and the accused applicant. The details of payments and supply of goods cannot be gone into by this court at the present stage. Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The dispute raised is of civil nature.

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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 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 :- 18.11.2020 Rohit

Salman Qadeer v. State of U.P.

Case brief

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Salman Qadeer v. State of U.P.

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