Allowed

Taj Mohammad @ Badruddin v. State of U.P.

Allahabad HC24 Jan 2023ABAIL/11481/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant in a case involving sections 147, 148, 307 IPC, etc. The grant is conditioned on furnishing a personal bond and adhering to standard conditions including appearance for interrogation and not leaving India.

What did the court decide?

Anticipatory bail granted for the limited period till submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs. 25,000 with two sureties.

Taj Mohammad @ Badruddin Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11481 of 2022

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Applicant :- Taj Mohammad @ Badruddin Opposite Party :- State of U.P. Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 189 of 2022, under sections 147, 148, 149, 323, 504, 506, 452, 153-A, 153B, 307, 395, 427, 336 IPC and Section 7 Criminal Law Amendment Act, Police Station- Mirzamurad, District- Varanasi (Rural).

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Fact is brief are that on 10.8.2022 an F.I.R. was lodged against 16 named accused persons and 100-150 unknown persons for rioting and causing injuries to the family of the informant in relation to the dispute for carrying Tajiya .

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. In this case, applicant has committed no offence. The applicant was not named in the F.I.R. During investigation, the name of this applicant was brought into light. There is no evidence on record against him to show that he has also participated in mob and committed the offence at the time of alleged incident. Several named co-accused persons have already been granted bail by this Court. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, without expressing any opinion on the merits of the case the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of

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Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicant- Taj Mohammad @ Badruddin , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- 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:-

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(i) The applicant shall make himself available for interrogation by a police office 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 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 he has passport, the same shall be deposited by him 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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Order Date :- 24.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Taj Mohammad @ Badruddin v. State of U.P.

Case brief

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Taj Mohammad @ Badruddin v. State of U.P.

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