Allowed

Mujibuddin v. State of U.P.

Allahabad HC8 Dec 2020ABAIL/7958/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. regarding charges including theft under IPC and violation of the Mines and Minerals Act. The order imposed strict conditions regarding passport surrender, presence in court, and prohibition on interfering with witnesses.

What did the court decide?

The applicant was enlarged on anticipatory bail on a personal bond with two sureties, subject to conditions regarding passport surrender, presence in court, and no interference with witnesses.

Mujibuddin Vs State of U.P. — 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. - 7958 of 2020

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Applicant :- Mujibuddin Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Tasleem,Mohd. Shabbir 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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The instant anticipatory bail application has been filed on behalf of the applicant, Mujibuddin, with a prayer to release him on bail in Case Crime No. 364 of 2020, under Section- 419, 420, 468, 379, 411 IPC and 4/21 Khan Evam Khaniz Adhiniyam, 1957, Police StationMauaima, District- Allahabad, during pendency of trial.

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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.

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There is allegation of theft of silica sand against the applicant. Applicant has also been implicated under Section 4/21 Mine and Minerals Act.

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Learned counsel for the applicant has submitted that implication of the applicant by the police for offence under Mines and Minerals Act is unwarranted. The allegation of theft is unfounded. The applicant has no criminal history to his credit. He 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 could not dispute the aforesaid fact.

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Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment

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of the Apex 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 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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That 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 officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)2020 SCC Online SC 98 .

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the

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case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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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Order Date :- 8.12.2020 Ruchi Agrahari

Mujibuddin v. State of U.P.

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Mujibuddin v. State of U.P.

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