Allowed

Ahsan v. State of U.P.

Allahabad HC2 Feb 2022ABAIL/198/2022

Case brief

AI extract

What is this about?

The single-judge Court considered an anticipatory bail application. Dismissing objections regarding false implications without expressing an opinion on merits, the Court granted bail contingent upon a personal bond and two sureties, imposing standard conditions including availability for interrogation and non-departure from India.

What did the court decide?

Release on anticipatory bail upon furnishing a personal bond of Rs. 25,000/- with two sureties each of the like amount, subject to conditions of interrogation availability, non-contact of witnesses, a

Ahsan Vs State of U.P. — 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. - 198 of 2022

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Applicant :- Ahsan Opposite Party :- State of U.P. Counsel for Applicant :- Jaideep Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the parties through WebEx Video Conferencing platform and perused the material brought on record.

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It is submitted on behalf of the applicant that applicant is innocent and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. It is further submitted that false recovery has been shown, nothing has been recovered from the possession or on the pointing out of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. There is also no compliance of Section 102 Cr.P.C. by the police officer who seized the alleged prohibited material. There is no independent, impartial reliable eye witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. It is next contended that entire allegations levelled against the applicant in the First Information Report is false preposterous and holds no iota of truth in them. The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Ahsan, who is involved in Case Crime No. 567 of 2021, under Sections- 269, 270 and 290 IPC, Section 3 of Pandemic Act and Section 3/5/8 of Cow Slaughter Act, Police StationKotwali City, District- Bijnor, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C. on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make himself available for interrogation by a police office 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/her from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him/her before the S.S.P./S.P. Concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 2.2.2022 ssm

Ahsan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ahsan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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