Allowed

Said Ahmad v. State of U.P. and 2 Others

Allahabad HC24 Nov 2022ABAIL/481/2020

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a criminal case involving Sections 498-A and 354-B IPC. The court imposed conditions of a personal bond with sureties, availability for interrogation, and restrictions on leaving India or influencing witnesses, while directing expeditious investigation.

What did the court decide?

Anticipatory bail granted till submission of police report; personal bond with two sureties; conditions to appear for interrogation and not leave India.

Said Ahmad Vs State of U.P. and 2 Others — 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. - 481 of 2020

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Applicant :- Said Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant-Said Ahmad with a prayer to release him on bail in Case Crime No. 479 of 2019, under Sections 498-A, 323, 354-B IPC & 3/4 of D.P. Act, Police Station-Gulawathi, District-Bulandshahr.

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It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. Applicant has earlier got the interim protection vide order dated 06.11.2019 passed by court below. Applicant is father-in-law of the victim. Applicant has not committed any offence as alleged in the F.I.R. Applicant have no previous criminal history.

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Further submission is that the applicant shall fully cooperate with the investigation.

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Therefore the applicant may be enlarged on anticipatory bail and he is ready to cooperate with the trial. If the applicant is granted anticipatory bail, he will never misuse the same.

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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 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 -Said Ahmad 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 furnishing a personal bond 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/herself available for

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interrogation by a police officer 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 them from disclosing such facts to the Court or to any police office;

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(iii) the applicant shall not leave India without the previous permission of the Court and if the applicant has passport the same shall be deposited by the applicant 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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The anticipatory bail application is, accordingly, disposed of .

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Order Date :- 24.11.2022 Vibha Singh

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Digitally signed by VIBHA SINGH Date: 2022.11.26 12:30:55 IST Reason: Location: High Court of Judicature at Allahabad

Said Ahmad v. State of U.P. and 2 Others

Case brief

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Said Ahmad v. State of U.P. and 2 Others

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