Allowed

Mohd. Sabir and 5 Others v. State of U.P.and 2 Others

Allahabad HC16 Mar 2021ABAIL/223/2021

Case brief

AI extract

What is this about?

This order confirmed interim anticipatory bail for six applicants accused in a kidnapping and abduction case. The court noted the recovery of the victim girl and the main accused's detention. Bail was allowed on existing terms until trial conclusion.

What did the court decide?

The anticipatory bail application is allowed; applicants remain on bail till the conclusion of trial on terms of the order dated 03.02.2021.

Mohd. Sabir and 5 Others Vs State of U.P.and 2 Others — 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. - 223 of 2021

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Applicant :- Mohd. Sabir And 5 Others Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.,Jamaluddin Mohd. Nasir

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Hon'ble Siddharth,J.

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Counter affidavit filed by learned A.G.A. in the Court today is taken on record.

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Heard learned counsel for the applicants, Sri Jamaluddin Mohd. Nasir, 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 with a prayer to grant anticipatory bail to the applicants , Mohd. Sabir, Smt. Nazma, Momeen, Smt. Afsana, Smt. Dilshana and Smt. Bano, in Case Crime No. 394 of 2020, under Sections- 363, 366, 506 I.P.C., Police StationCivil Lines, District- Muzaffarnagar.

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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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Learned counsel for the applicants has submitted that the victim girl has been recovered. Co-accused, Mehtab, with whom the girl has eloped, is already in jail. The other accused persons are family members of the main accused, Mehtab. They have been falsely implicated in this case. They have already been enlarged on interim anticipatory bail as per the order dated 03.02.2021. The applicants have definite apprehension that they may be arrested by the police any time.

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Sri Jamaluddin Mohd. Nasir, learned counsel for the informant does not disputes the above contention raised on behalf of the applicants.

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In view of the fact that the girl has been recovered and as admitted by the learned counsel for the informant that the main accused is already in jail, the interim anticipatory bail granted to the applicants is confirmed.

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Applicants will remain on anticipatory bail till the conclusion of trial on same terms and conditions as mentioned in the order dated 03.02.2021.

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The anticipatory bail application is allowed to the aforementioned extent.

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Order Date :- 16.3.2021 KS

Mohd. Sabir and 5 Others v. State of U.P.and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Sabir and 5 Others v. State of U.P.and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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