The Court allowed an application for anticipatory bail under Section 438 Cr.P.C. for the applicant, directing release on a personal bond with two sureties upon arrest, subject to standard conditions until the filing of the police report.
Application allowed; warrant for arrest to be released on a bond of Rs.50,000 with two sureties upon arrest.
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Neutral Citation No. - 2023:AHC:197988
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10225 of 2023
Applicant :- Mohd Asif @ Mohd Aashif Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
7. The application is allowed .
(i) The applicant shall make himself available for interrogation by a 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 him/her 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.
Order Date :- 13.10.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail pending police report in a case under the Cow Slaughter Act.
Whether the apprehension of arrest is well-founded considering the nature of offences and the applicant's role.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶10
(2020) 5 SCC 1 · Who else cites this
2 provisions across 1 enactments
Mohd Asif @ Mohd Aashif
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
