Allowed

Faruk Ahmad v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Allahabad HC9 Sept 2022/473/2022

Case brief

AI extract

What is this about?

This is a criminal miscellaneous anticipatory bail application challenging a rejection by the Sessions Judge. The High Court granted bail imposing conditions, citing that grounds for bail were made out under Sushila Aggarwal.

What did the court decide?

The applicant was enlarged on anticipatory bail till conclusion of trial by furnishing a personal bond of Rs. 25,000 and two sureties of like amount with specified conditions.

Faruk Ahmad Vs State of U.P. Thru. Prin. Secy. Home Govt… — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 473 of 2022

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Applicant :- Faruk Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Sajjad Husain Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Sajjad Husain, learned counsel for the applicant and Shri Shiv Kumar Mishra, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Faruk Ahmad in Van Range Case No. 2 of 2021, under Sections 26, 41, 42, 52, 63 of Indian Forest Act, Police StationPachperwa, District- Balrampur after rejecting anticipatory bail application of the applicant by Additional Sessions Judge- Ist, Balrampur, vide order dated 16.02.2022.

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As per prosecution story, applicant had applied for permit to cut his own Sagoan trees, but owing to the breakdown of the truck, the said teak wood Sagoan could not be transported from his field.

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Learned counsel for the applicant has submitted that applicant is innocent and has falsely been implicated in the present case due to ulterior motive. It is further submitted that applicant had valid permit to cut and transport his trees, which was issued by the Forest Department, but owing to the said difficulty, he could not transport the said wood during the authorized period, i.e., from 11.7.2021 to 13.7.2021. It is further submitted that applicant is a bonafide owner of the said trees. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. The applicant has granted interim anticipatory bail on 28.03.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but he has not refuted the fact that the applicant has no criminal antecedent to his credit.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional

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cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Faruk Ahmad is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court 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, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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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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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 9.9.2022 Ishan

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Digitally signed by ISHAN JAISWAL Date: 2022.09.13 11:12:41 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Faruk Ahmad v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

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Faruk Ahmad v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

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