Allowed

Hakikat v. State of U.P.

Allahabad HC14 Jul 2021ABAIL/9803/2021

Case brief

AI extract

What is this about?

The court disposed of the anticipatory bail application by granting interim bail to the applicant, Hakikat, subject to conditions including a personal bond and restrictions on tampering with evidence or leaving India, pending trial in a crime involving IPC Sections 323, 308, 452, and 506.

What did the court decide?

Interim anticipatory bail granted on furnishing a personal bond of Rs. 50,000 with two sureties, subject to conditions including availability for interrogation and not tampering with evidence.

Hakikat Vs State of U.P. — 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. - 9803 of 2021

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Applicant :- Hakikat Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Hamid,Juned Alam 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 applicant, learned A.G.A. for the State and perused the record.

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This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 32 of 2021, under Sections - 323, 308, 452, 506 I.P.C., Police Station - Hafizpur, District - Hapur, during the pendency of trial.

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Contention, in brief, is that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced another co-accused - Tarikhat @ Shavez has already been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 9461 of 2021 on 20.05.2021. In case, the applicant is admitted to anticipatory bail, there is no possibility of his absconding or misusing the liberty of anticipatory bail. There is neither any involvement of the applicant in the offence nor he has any criminal history.

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

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

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Accordingly, this anticipatory bail application is disposed of.

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In the event of arrest of the applicant - Hakikat involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation on his 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 applicant shall make himself available for interrogation by a police officer as and when required.

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(ii) The applicant 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 applicant 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 applicant.

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Order Date :- 14.7.2021 S Rawat

Hakikat v. State of U.P.

Case brief

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Hakikat v. State of U.P.

Case brief

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