Allowed

Unis Khan v. State of U.P. and Another

Allahabad HC3 Jun 2022ABAIL/4174/2022

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application under Section 438 Cr.P.C. for the applicant, Unis Khan, in a criminal case involving robbery/theft. Granting bail was based on his lack of prior record, non-inclusion in the FIR, and reliance on the Supreme Court decision in Sushila Aggarwal.

What did the court decide?

Anticipatory bail granted to the applicant subject to personal bond of Rs. 50,000 and two sureties each of like amount.

Unis Khan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4174 of 2022

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Applicant :- Unis Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonakshi Arora,Araf Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Unis Khan, in Case Crime No. 146 of 2020, under Section 392 I.P.C., P.S. Civil Lines, District Aligarh.

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Learned counsel for the applicant submits that according to the FIR version on 6th April, 2020 in the evening at about 6.00 pm. while informant was returning from Lal Diggi by taking milk, at Thandhi Sadak near Nakvi Park Gate two persons came by motorcycle and snatched his mobile Samsung J2s having two sims airtel no. 9084175588 and other Idea no. 8057098113. He submits that applicant is not named in the FIR, his named surfaced by arrested co-accused Israil, who has already been granted bail by co-ordinate Bench of this Court vide order dated 21.05.2020 in Criminal Misc. Anticipatory Bail Application No.12776 of 2020 and case of the applicant is identical to coaccused enlarged on bail, therefore, the the applicant is entitled for anticipatory bail. Application for anticipatory bail was moved before court of session where it was rejected summarily and there is every likelihood of arrest of applicant by the police; it is a false implication owing to business rivalry; hence this anticipatory bail application with above prayer.

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Learned A.G.A. has vehemently opposed, but could not oppose the above factual aspects.

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Having heard and gone through material placed on record and considering the fact that the applicant has no previous criminal antecedent and applicant is not named in the FIR, his name surfaced in the statement of identically placed co-accused Israil who have been granted bail and 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, without expressing any opinion on the merits of the case, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Unis Khan is directed to be

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enlarged on anticipatory bail in above case crime number, till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court on their furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of 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 they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

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

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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 applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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This anticipatory bail application is allowed.

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Order Date :- 3.6.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.06.07 10:48:16 IST Reason: Location: High Court of Judicature at Allahabad

Unis Khan v. State of U.P. and Another

Case brief

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Unis Khan v. State of U.P. and Another

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