Allowed

Shafi Ahmad Alias Babu and 3 Others v. State of U.P. and Another

Allahabad HC25 Mar 2021ABAIL/2230/2021

Case brief

AI extract

What is this about?

The Single Judge allowed an anticipatory bail application filed by Shafi Ahmad and others accused under various IPC sections and the Muslim Women Act, granting bail for 45 days or till cognizance is taken, subject to standard conditions.

What did the court decide?

Anticipatory bail granted for 45 days or till cognizance on police report, subject to bond and conditions.

Shafi Ahmad Alias Babu and 3 Others Vs State of U.P… — Cheating and Forgery | 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. - 2230 of 2021

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Applicant :- Shafi Ahmad Alias Babu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan,Sheshadri Trivedi Counsel for Opposite Party :- G.A.,Krishna Dutt Tiwari,Ashish Kumar,Rahul Singh

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Hon'ble Siddharth,J.

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

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant anticipatory bail application has been filed on behalf of the applicants, Shafi Ahmad Alias Babu, Jiley Hasan, Naim Ahmad and Shafiq, with a prayer to release them on bail in Case Crime No. 10 of 2021, under Sections452, 376, 511, 354-Kha, 323, 504, 506 I.P.C. & Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Bhojpur, District- Moradabad, during pendency of trial.

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Learned counsel for the applicants states that charge-sheet has not been filed against the applicants. Investigation is still going on. The alleged offences are not made out against the applicants.

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Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused persons, they deserve to be enlarged on anticipatory bail for a period of 45 days or till the cognizance is taken by the Magistrate on the police report submitted u/s 173 (2) Cr.P.C. before the competent Court, whichever is earlier, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court, subject to the following conditions :-

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(i) The applicants shall make themselves available for

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interrogation by the police officer as and when required;

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(ii) The applicants 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 officer;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned.

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

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(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.

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In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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The Investigating Officer is directed to conclude the investigation, if pending, 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 applicants.

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The applicants are 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, if investigation is in progress, who shall ensure the compliance of present order.

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Order Date :- 25.3.2021 KS

Shafi Ahmad Alias Babu and 3 Others v. State of U.P. and Another

Case brief

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Shafi Ahmad Alias Babu and 3 Others v. State of U.P. and Another

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