Allowed

Babu Khan v. State of U.P.

Allahabad HC16 Oct 2023ABAIL/11394/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Babu Khan in a criminal case under IPC sections 409, 420, 467, 468, and 471. The Court granted bail solely on the ground of parity with a co-accused who had already obtained anticipatory bail, without expressing an opinion on the merits of the case.

What did the court decide?

Anticipatory bail granted on a personal bond with two sureties, conditioned on availability for interrogation, no tampering with evidence or witnesses, and appearance in court.

Babu Khan Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:199191

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11394 of 2023

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Applicant :- Babu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Maimoona Fatima,Mohd Nasir Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Mohd Nasir, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 508 of 2023, under Sections 409, 420, 467, 468, 471 of IPC, Police Station Atrauli, District Aligarh, with a prayer to enlarge him on anticipatory bail.

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At the very outset, learned counsel for the applicant has claimed parity with the co-accused Unis Ali, who has already been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.10992 of 2023 vide order dated 05.10.2023. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail, the applicant is also entitled for the same on the ground of parity. Learned counsel has also stated that the applicant has no criminal history.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of the parity to the co-accused and also the fact of no criminal history assigned to the applicant, have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. The bail application is allowed on the ground of parity.

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In the event of arrest of the applicant, Babu Khan involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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ii. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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iii. that the applicant shall not leave India without the previous permission of the court;

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iv. that in case, the charge-sheet is submitted, the applicant shall not tamper with the evidence during the trial;

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v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the anticipatory bail of the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 16.10.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Babu Khan v. State of U.P.

Case brief

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Babu Khan v. State of U.P.

Case brief

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