Allowed

Kamil Aziz and 4 Others v. State of U.P. and Another

Allahabad HC20 May 2022ABAIL/2970/2022

Case brief

AI extract

What is this about?

High Court allowed the anticipatory bail application of five accused persons in a matrimonial dispute involving cheating, criminal intimidation, and dowry prosecution, granting bail till the conclusion of trial subject to standard conditions.

What did the court decide?

Anticipatory bail granted till the conclusion of trial on personal bond of Rs. 25,000 and two sureties.

Kamil Aziz and 4 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2970 of 2022

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Applicant :- Kamil Aziz And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishabh Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Rishabh Agarwal, learned counsel for the applicants, 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 applicants, namely, Kamil Aziz, Amir Aziz, Anwar Aziz, Ayasha and Abdul Aziz in Case Crime No. 53 of 2022, under Sections 420, 504, 120B, IPC & Section 3/4 Dowry Prohibition Act, Police Station - Kotwali, District - Etawah after rejecting anticipatory bail application of the applicants by Additional Sessions Judge/FTC-1, Etawah vide order dated 23.3.2022.

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Brief facts of the case are that the first information report dated 10.2.2022 at 15.42 hours has been lodged by brother of the victim against the applicants stating therein that marriage of his sister was fixed with applicant No. 1 and he deposited Rs. 1,80,000/- in the account of Anwar Aziz, applicant No. 3. On 8.2.2022 at about 6.00 p.m. the applicants came to the house of first informant and warned him that they would come with barat to marry only when they were gifted a car in dowry. When the first informant showed his inability to fulfill the demand, the applicants abused him, broke the marriage and misappropriated the entire dowry.

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The submission of the learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant No. 5 has lodged a complaint on 10.2.2022 at 12.39 p.m. at Jansunwai U.P. Government Portal as Complaint No. 40014722003079 wherein he stated that sister of the first informant called applicant No. 1 to his mobile No. xxxxxxx085 by her mobile No. xxxxxxx237 on 5.2.2022 at 15.52 hours, on 7.2.2022 at 16.19 and 16.22 hours and she stated that her family members have fixed her marriage with him without her consent. She did not want to marry him as she was in love with some other boy. It is further submitted that the applicants have also booked S.K. Tour and Travels & Taj Palace, Marriage Home

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towards the procession of marriage. Wedding card was also printed by the applicants, copy of receipt of bookings along with reception card have been annexed as Annexure-4 to the affidavit. The applicants are no more required for custodial interrogation. The applicants have no criminal history and they are not convicted in any cognizable offence. It is further contended that the applicants are ready to participate in the investigation. The applicants were granted interim anticipatory bail by this Court on 29.4.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against the applicant.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional 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 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 applicants, Kamil Aziz, Amir Aziz, Anwar Aziz, Ayasha and Abdul Aziz are directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on their 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 applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;

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

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(iii) The applicants shall not leave the country without the previous permission of the Court and if they have passport, the same shall be deposited by them 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

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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 :- 20.5.2022 T. Sinha

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Digitally signed by TRIPTI SINHA Date: 2022.05.25 17:20:00 IST Reason: Location: High Court of Judicature at Allahabad

Kamil Aziz and 4 Others v. State of U.P. and Another

Case brief

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Kamil Aziz and 4 Others v. State of U.P. and Another

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