Allowed

Kafeel Kuddusi and Another v. State of U.P. and Another

Allahabad HC11 Oct 2022ABAIL/11546/2021

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicants in a petty cognitive offence under Sections 498-A and 323 IPC arising from family discord. The court observed no injury to the complainant and lack of prior criminal history, permitting release on personal bond with conditions to cooperate with investigation and not leave India.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000 with two sureties, subject to conditions including cooperation with investigation and not leaving India.

Kafeel Kuddusi and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11546 of 2021

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Applicant :- Kafeel Kuddusi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Luvkush Kumar Bhatt, learned Advocate holding brief for Sri Sunil Kumar Mishra, learned counsel for the applicants, Sri Anurag Yadav, learned Advocate holding brief for Sri Abhishek Singh, learned counsel for the first informant and Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.

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The applicants are seeking anticipatory bail in connection with Case Crime No.- 17 of 2021 under Sections 498-A, 323, 506 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection Right on Marriage) Act, 2019, Police Station - Gangoh, District- Saharanpur.

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Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. Admittedly, the matter is of family discord. There is no injury sustained by the first informant. Learned counsel has stated that mediation proceedings could not result in any kind of compromise between the parties, but the investigation is going on. It is further stated that applicants are co-operating in the investigation and are ready to cooperate in future also. There is no likelihood of the applicants repeating the said offence, if any. There is no previous criminal history and, therefore, they are entitled for protection from this Court.

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Learned Additional Government Advocate has opposed the prayer for anticipatory bail but has not disputed the fact that applicants have no criminal history.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants Kafeel Kuddusi and Ujma @ Guddi deserve to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of

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with following directions:-

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(A) In the event of arrest of the applicants involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(C) 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicants shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 11.10.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.10.12 17:08:42 IST Reason: Location: High Court of Judicature at Allahabad

Kafeel Kuddusi and Another v. State of U.P. and Another

Case brief

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Kafeel Kuddusi and Another v. State of U.P. and Another

Case brief

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