Case :- CRIMINAL MISC ANTICIPATORY BAIL…
Directed applicant to appear and surrender within two weeks and file regular bail; protection under previous order extended until appearance or filing.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4868 of 2022
Applicant :- Mohd. Raees Khan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and the learned Additional Government Advocate for the State.
By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 423 of 2020 u/s 420,467,468,471 IPC, P.S. Qutubsher, District Saharanpur. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence alleged in the F.I.R.
At the outset the attention has been drawn towards the Annexure no. 1 which is an interim anticipatory bail granted to the present applicant vide order dated 14.12.2020, for the convenience the order is being reproduced herein below:
"There appears to be dispute regarding property between the parties.
Sri Sanjay Kumar Pandey, Advocate has put in appearance on behalf of the informant. He prays for and is granted three weeks' time to file counter affidavit.
List this case on 17.02.2021.
In the meantime, learned AGA may also file counter affidavit.
Till then, in case of his arrest, applicant, Mohd. Raees Khan, shall be released on interim anticipatory bail in Case Crime No. 423 of 2020, under Sections 420, 467, 468, 471 IPC, Police Station Qutub Sher, District Saharanpur, on his furnishing a personal bond of Rs.50,000/- 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:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police office;
(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 before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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.
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.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court."
The aforesaid anticipatory bail was finally disposed of by this Court by order dated 19.2.2021 directing the applicant to appear before the learned court below and file his regular bail application within 90 days. For the convenience the order dated 19.2.2021 is being reproduced herein below :
"There appears to be dispute regarding property between the parties.
Sri Sanjay Kumar Pandey, Advocate has put in appearance on behalf of the informant. He prays for and is granted three weeks' time to file counter affidavit.
List this case on 17.02.2021.
In the meantime, learned AGA may also file counter affidavit.
Till then, in case of his arrest, applicant,Mohd. Raees Khan, shall be released on interim anticipatory bail in Case Crime No. 423 of 2020, under Sections 420, 467, 468, 471 IPC, Police Station Qutub Sher, District Saharanpur, on his furnishing a personal bond of Rs.50,000/- 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:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police office;
(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 before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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.
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.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court."
Learned counsel has submitted that immediately after the aforesaid order being passed on 19.2.2021 the second phase of Corona pandemic spread in the entire country resultant thereof the regular functioning of the Court etc. could not resume properly. Even the present applicant was also very much apprehensive from such pandemic, therefore, he could not appear before the court-below within stipulated time. However, he has submitted that he is ready to surrender before the Court by filing regular bail in terms of order dated 19.2.2021 (supra) within time so fixed by this Court but till then the protection of the order dated 19.2.2021 may be extended in the interest of justice.
Per contra, learned AGA opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.
Having heard the learned counsel for the parties and perused the material available on record, I hereby dispose of this case finally at the admission stage directing the present applicant to appear and surrender before the learned court-below within two weeks from today and file his regular bail application and till the disposal of regular bail application or the period of two weeks whichever is earlier the protection given earlier to the applicant vide order dated 19.2.2021 shall be extended.
However, if the present applicant does not appear and surrender before the learned court-below in terms of this order within time stipulated, the benefit of this order shall not be extended any further.
In view of above, the present anticipatory bail application is disposed of .
(Rajesh Singh Chauhan, J.)
Order Date :- 8.7.2022 Om.
Digitally signed by OM PRAKASH MISHRA Date: 2022.07.08 14:55:53 IST Reason: Location: High Court of Judicature at Allahabad
Mohd. Raees Khan
Rajesh Singh Chauhan
As recorded by the court registry
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