Disposed

Azmat Ali v. State of U.P. and 3 Others

Allahabad HC19 Aug 2021ABAIL/11796/2021

Case brief

AI extract

What is this about?

The High Court granted interim anticipatory bail to the applicant pending a regular bail application. The court noted the main accused was already granted relief and left merits for regular bail proceedings, disposing the interim application valid until September 15, 2021.

What did the court decide?

Interim anticipatory bail granted contingent on furnishing personal bond of Rs. 50,000 with two sureties, valid till September 15, 2021.

Azmat Ali Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11796 of 2021

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Applicant :- Azmat Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Rai,Ashok Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant in S.S.T. No. 572 of 2021 (State versus Ramveer Singh and others), arising out of Case Crime No. 1300 of 2019, under Section - 304 I.P.C. & 3(2)(v) S.C./S.T. Act, Police Station - Sihani Gate, District - Ghaziabad, during the pendency of trial.

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Upon consideration of the various aspects of this case, obviously it appears that in this case, the main accusedRamveer Singh has already been granted anticipatory bail/relief, copy where has been annexed as Annexure No. 15 to the afÏdavit filed in support of this application and in this case, charge-sheet has also been filed. Now, filing of charge-sheet would not come in the way of the court considering this case on its merit, in so far as Section – 438 Cr.P.C. is concerned. The applicant may seek regular bail.

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However, obviously the argument raised before this Court may be well raised for obtaining regular bail on the ground that no offence under Section – 304 I.P.C. is made out against the applicant as he has not committed any offence as such nor is there any allegation direct or indirect causing any injury to anyone, which may attract Section – 304 I.P.C. and solely the accusation is against the main accused - Ramveer Singh, who has already been granted anticipatory bail/relief by co-ordinate Bench of this Court, as stated herein above and Section – 304 I.P.C. is not attracted, in so far as the applicant is concerned.

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The applicant is free to agitate his claim at the stage of regular bail before the appropriate court by moving appropriate application within a period of two weeks from today.

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Now, the meritorious part has not been considered by this Court and the applicant is given interim relief till 15th September, 2021. In case, the applicant is arrested, he shall be released on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House OfÏcer of the police

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station concerned and this order of interim protection shall ipso-facto vanish on 16th September, 2021 and it shall not extend beyond 15th September, 2021.

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This interim order shall be applicable to the present applicant only till 15th September, 2021. In case, he does not move appropriate application for regular bail / bail under Section - 438 Cr.P.C. as the case may be before the court below within the aforesaid prescribed period, then the authority/court concerned may proceed in the case, in accordance with law.

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With the aforesaid observation, this application stands disposed of.

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Nothing has been observed on the merits of the case.

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Order Date :- 19.8.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.24 15:35:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Azmat Ali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Azmat Ali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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