Allowed

Ikrar and Another v. State of U.P. and Another

Allahabad HC17 Jan 2023ABAIL/115/2020

Case brief

AI extract

What is this about?

Application for anticipatory bail made absolute pending police report. Interim bail granted earlier converted to regular bail on standard conditions including cooperation with investigation, no inducement of witnesses, and no travel abroad without permission. Police report submission under Sec. 173(3) Cr.P.C. triggers review.

What did the court decide?

Application allowed; interim anticipatory bail made absolute till submission of police report under Section 173(3) Cr.P.C. on conditions of investigation assistance, no inducement to witnesses, and no

Ikrar and Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 115 of 2020

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Applicant :- Ikrar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Mohammad Waseem, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State is present.

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The present application has been moved seeking anticipatory bail in Case Crime No.361 of 2019, under Sections 147, 148, 149, 323, 336, 352, 307, 504, 506 I.P.C. & Section 7 Criminal Law Amendment Act, P.S. Prem Nagar, District-Bareilly, with the prayer that in the event of arrest, applicants may be released on bail.

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On 06.01.2020, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicants, has passed the following order:-

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"Heard learned counsel for the applicants, Sri I.P. Srivastava, the learned A.G.A. for the State and perused the record.

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The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 361 of 2019, under Sections 147, 148, 149, 323, 336, 352, 307, 504, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Prem Nagar, District Bareilly.

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Learned counsel draws the attention of the Court to the orders passed on Criminal Misc. Bail Application Nos. 52278 of 2019 and 52711 of 2019 to contend that the main accused have been granted the facility of anticipatory bail. The applicants are otherwise stated to have no previous criminal history and are also not named in the FIR in question.

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In view thereof and bearing in mind the submissions addressed in which the Court finds prima facie force, let the learned A.G.A. file a reply/obtain instructions in this matter within a period of three weeks.

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List immediately thereafter.

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Accordingly and in the meanwhile, let the applicants Ikrar and Farman involved in the aforesaid case crime number be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station

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House Officer of the concerned police station subject to the following conditions:-

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(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;

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(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;

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iii) the applicants 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 office;

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(iv) the applicants shall not leave India without the previous permission of the Court and if they have a passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted. "

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Learned counsel for the applicants submits that till date no charge sheet has been submitted and investigation is still going on. He further submits that applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 06.01.2020 by co-ordinate bench of this Court.

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Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.

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In view of the above, aforesaid interim anticipatory bail order dated 06.01.2020 is made absolute till submission of police report under Section 173(3) Cr.P.C. on the terms and conditions as indicated in the above order dated 06.01.2020.

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With the aforesaid observations and directions, the instant anticipatory bail application is allowed .

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Order Date :- 17.1.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Ikrar and Another v. State of U.P. and Another

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Ikrar and Another v. State of U.P. and Another

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