Allowed

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

Allahabad HC11 Oct 2022ABAIL/11585/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a criminal miscellaneous application concerning allegations of domestic discord, finding him innocent with no history and no likelihood of repeating offences.

What did the court decide?

Permission granted for release on anticipatory bail subject to furnishing a personal bond of Rs.50,000/- with two sureties and compliance with specific conditions.

Adeel Kuddusi Vs State of U.P. and Another — Anticipatory Bail | 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. - 11585 of 2021

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Applicant :- Adeel Kuddusi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.,Abhishek Singh,Akshaivar Singh

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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 applicant, 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 applicant is 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 applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. 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 applicant is cooperating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. There is no criminal history and, therefore, he is 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 there is no criminal history of the applicant.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant Adeel Kuddusi deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of with following directions:-

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(A) In the event of arrest of the applicant involved in aforesaid

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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 his/her 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 applicant 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 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicant 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 applicant.

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Order Date :- 11.10.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.10.12 17:08:37 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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