The High Court reserved anticicpatory bail to the applicant, Mashwoofur Rahman, in a case involving communal violence.
Grant of anticipatory bail till submission of police report under s. 173(2) Cr.P.C. on 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. - 8341 of 2020
Applicant :- Mashwoofur Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant and learned AGA for the State.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Mashwoofur Rahman , in Case Crime No.- 211 of 2016, under Sections- 147, 149, 153-B, 307, 336, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Tiwaripur, District- Gorakhpur.
There is allegation against the applicant is that he was using loudspeaker for the purpose of Azaan. The people of other community opposed the same and both sides went to the police station. At the police station it is alleged that the crowd became uncontrollable and entered into violence against each other.
Counsel for the applicant has submitted that since the applicant accompanied the crowd therefore he has been implicated by name. He was vice-principal in Government Intermediate College. He has no criminal history to his credit and has been falsely implicated in this case. The applicant has definite apprehension that he may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
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 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 :- 1.12.2020 Rohit
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail pending investigation given the nature of allegations against him.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Relied on¶10
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
2 provisions across 1 enactments
Mashwoofur Rahman
Siddharth
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Siddharth
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