Allowed

Ghulam Sadique and Another v. State of U.P. and Another

Allahabad HC16 Jul 2021ABAIL/5733/2021

Case brief

AI extract

What is this about?

The single judge informant granted interim anticipatory bail to the applicants in a murder by cursing case under Section 306 I.P.C. Applications were disposed allowing bail during investigation upon furnishing a personal bond with sureties, noting lack of criminal antecedents and no possibility of absconding.

What did the court decide?

Interim anticipatory bail granted upon furnishing a personal bond of Rs. 50,000 with two sureties of like amount.

Ghulam Sadique and Another Vs State of U.P. and Another — 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. - 5733 of 2021

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Applicant :- Ghulam Sadique And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tandon 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 applicants and learned A.G.A. for the State.

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This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.0328 of 2020, under Section - 306 I.P.C., Police Station - Anwarganj, District - Kanpur Nagar, during the pendency of trial.

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Urge made on behalf of the applicants is confined to the ambit that no offence under Section 306 I.P.C. is made out against the applicants. In fact, the husband himself was under depression due to which he committed suicide. The accusation has been made after deliberation with the police. Similarly circumstanced co-accused Seeda Nikhat has already been admitted to bail by coordinate Bench of this Court vide order dated 08.04.2021 in criminal misc. anticipatory bail application no.5320 of 2021. In case the applicants are granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicants.

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Taking into consideration the nature of accusation and lack of criminal antecedents of the applicants and there being no possibility of their fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on interim anticipatory bail in this case, at this stage. Accordingly, this anticipatory bail is disposed.

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In the event of arrest of the applicants - Ghulam Sadique and Gulwish Sadique involved in the aforesaid case crime, they shall be released on interim anticipatory bail during investigation, on their furnishing a personal bond of Rs. 50,000/with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicants shall make themselves available for interrogation by a 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicants shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 16.7.2021 rkg

Ghulam Sadique and Another v. State of U.P. and Another

Case brief

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Ghulam Sadique and Another v. State of U.P. and Another

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