Allowed

Mohd.Wasif and 5 Others v. State of U.P and Another

Allahabad HC19 Mar 2021ABAIL/1421/2021

Case brief

AI extract

What is this about?

The High Court rejected the reliance on precedent regarding no offence made-out. It granted anticipatory bail conditioned on surrender before the court below within 30 days, warning of coercive action for non-compliance. The application was disposed of with these directions.

What did the court decide?

Anticipatory bail granted on condition of surrender before the Court of Session within 30 days. No coercive action to be taken provided the condition is met.

Mohd.Wasif and 5 Others Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1421 of 2021

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Applicant :- Mohd.Wasif And 5 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ziya Uddin Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants; Sri Vinod Shankar Tripathi, learned counsel for the informant and learned A.G.A for the State.

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The instant anticipatory bail application has been filed on behalf of the applicants, Mohd.Wasif, Mohd. Waris, Akhtar Sultana @ Chandi, Roshni, Halima Bano and Mohd. Sahil , with a prayer to release them on bail in Case Crime No. 436 of 2020, under Sections- 323, 504, 506, 498-A I.P.C and Section 3/4 D.P. Act, Police Station- Bahariya, DistrictPrayagraj, during pendency of trial.

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Counsel for the applicants has submitted that the charge sheet has already been submitted against the applicants.

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Applicants have approached this Court after submission of charge sheet against them relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and judgment of this Court in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned counsel for the applicants has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicants, hence they are entitled to be enlarged on anticipatory bail till conclusion of trial.

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After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicants is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicants have been charge sheeted.

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However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that the applicants will appear and surrender before the court below within 30 days from today and apply for bail.

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Till then, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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It is made clear that the applicants will not be granted any further time by this court for surrendering before the court below as directed above.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 19.3.2021 Rohit

Mohd.Wasif and 5 Others v. State of U.P and Another

Case brief

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Mohd.Wasif and 5 Others v. State of U.P and Another

Case brief

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