This single judge granted interim anticipatory bail to the applicant charged under Sections 420, 406, and 506 IPC. The bail was secured by furnishing a personal bond of Rs. 50,000 with two sureties of the same amount.
Interim anticipatory bail granted upon furnishing a personal bond of Rs. 50,000 with two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9969 of 2021
Applicant :- Tauheed Alam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shyam Narain Pandey,Shravan Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 0049 of 2020, under Sections - 420, 406 & 506 I.P.C., Police Station - Fazalganj, District - Kanpur Nagar.
Contention, in brief, is that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced another co-accused - Shani Gautam has already been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 9821 of 2021 on 27.05.2021. 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.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
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.
Accordingly, this anticipatory bail application is disposed of.
In the event of arrest of the applicant - Tauheed Alam 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:
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(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.
(iii) The applicant shall not leave India without the previous permission of the court.
(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.
Order Date :- 14.7.2021 S Rawat
Tauheed Alam
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
