Allowed

Ikrar Khan v. State of U.P.

Allahabad HC12 May 2022ABAIL/704/2022

Case brief

AI extract

What is this about?

The High Court of Allahabad granted anticipatory bail to the applicant in a case involving Sections 419/420 IPC. The court relied on Sushila Aggarwal to find grounds met, directing a personal bond and specific conditions including self-attested orders.

What did the court decide?

Anticipatory bail granted until conclusion of trial on personal bond of Rs. 25,000 with two sureties and specific directions including submission of Aadhar-linked order copy.

Ikrar Khan Vs State of U.P. — 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. - 704 of 2022

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Applicant :- Ikrar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Dwivedi,Ashish Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Vijay Kumar Dwivedi, learned counsel for the applicant, 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 applicant, namely, Ikrar Khan in Case Crime No. 376 of 2021, under Sections 419, 420 IPC and Section 15(3) Indian Medical Council Act, Police Station -Jawan, District Aligarh after rejecting anticipatory bail application of the applicant by Sessions Judge, Aligarh vide order dated 24.12.2021.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per allegation of the first information report, first informant has purchased a House No. D065/461-Cha, Lahartara, Varanasi and applicant has sold House No. D65/461-A, Lahartara, Varanasi to Kanhaiya Singh. It is further submitted that there are two separate house; one is owned by applicant's brother Chandra Shekhar and second house is owned by the applicant. The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this court vide order dated 2.3.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, however, nothing adverse has been pointed out 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

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facie of the view that the applicant has falsly roped in the crime and would not misuse the liberty.

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Considering the facts and circumstances of the case and the 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, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Ikrar Khan is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his 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 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 he has passport, the same shall be deposited by him 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 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 :- 12.5.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.05.14 12:04:04 IST Reason: Location: High Court of Judicature at Allahabad

Ikrar Khan v. State of U.P.

Case brief

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Ikrar Khan v. State of U.P.

Case brief

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