Allowed

Hanif v. State of U.P. and 2 Others

Allahabad HC17 Nov 2023ABAIL/11643/2023

Case brief

AI extract

What is this about?

This single judge court allowed a Criminal Misc. Anticipatory Bail Application filed by Hanif in a case involving an offence under Section 307 IPC. The court held it was a fit case for bail till the filing of the police report, citing precedent and noting the co-accused had been granted bail.

What did the court decide?

Anticipatory bail granted till filing of police report on execution of bond of Rs. 50,000 with two sureties each of the like amount.

Hanif Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:218886

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11643 of 2023

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Applicant :- Hanif Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Hanif in Case Crime No.671 of 2023, under Section 307 I.P.C., Police Station - Kwarsi, District - Aligarh.

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It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Investigation is going on in the matter. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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It is further submitted that co-accused, Shahrukh Khan has already been granted anticipatory bail by this Court vide order dated 30.10.2023 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.11528 of 2023, therefore, the accused applicant is also entitled for anticipatory bail as the case of the accused applicant is similar to that of co-accused person.

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Per contra, learned A.G.A. opposed the prayer.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the 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

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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.

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In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676 , the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

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Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till filing of police report under Section 173(2) Cr.P.C. in the matter.

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9. The application is allowed .

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In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of 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 officer 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 him/her 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 case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for

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cancellation of interim protection granted to the applicant.

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Order Date :- 17.11.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Hanif v. State of U.P. and 2 Others

Case brief

What is this about?

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Hanif v. State of U.P. and 2 Others

Case brief

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