Allowed

Faizal and Another v. State of U.P.

Allahabad HC26 Mar 2021ABAIL/8358/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Faizal and another in a criminal case involving allegations of assault and abduction, releasing them on bond pending investigation or cognizance. The court imposed standard conditions including availability for interrogation and prohibition against interferenc

What did the court decide?

Anticipatory bail granted for 45 days or till cognizance is taken on furnishing a bond of Rs.50,000 with two sureties.

Faizal and Another Vs State of U.P. — 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. - 8358 of 2021

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Applicant :- Faizal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Dwivedi,Gaurav Kakkar Counsel for Opposite Party :- G.A.

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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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The instant anticipatory bail application has been filed on behalf of the applicants, Faizal and Rafat Ali, with a prayer to release them on bail in Case Crime No.577 of 2020, under Sections- 326-A, 354, 504 and 506 I.P.C., Police Station- Swar, District- Rampur, during pendency of trial.

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Learned counsel for the applicants has submitted that chargesheet has not been submitted against the applicants. The investigation is still going on. The alleged offences are not made out against the applicants.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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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 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

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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 :- 26.3.2021 Anil K. Sharma

Faizal and Another v. State of U.P.

Case brief

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Faizal and Another v. State of U.P.

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