Allowed

Mukeem and Another v. State of U.P.

Allahabad HC3 May 2023ABAIL/193/2023

Case brief

AI extract

What is this about?

This single-judge criminal miscellaneous order grants anticipatory bail under Section 438 Cr.P.C. to two applicants in an FIR involving sections 153A, 147 and others IPC. The Court allowed the application citing parity with co-accused who already received bail and noting the applicants have no criminal history.

What did the court decide?

Anticipatory bail granted till submission of police report with a personal bond of Rs.50,000/- and two sureties, and standard compliance conditions.

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

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 193 of 2023

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Applicant :- Mukeem And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Ankit Kapoor, learned counsel for the applicants and Sri Nitin Kesarwani, learned A.G.A. for the State and also perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 245 of 2022, under Sections 153A, 147, 323, 504, 506, 352 of IPC, Police Station Lohta, District Varanasi, with a prayer to enlarge him on anticipatory bail.

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At the very outset, learned counsel for the applicants have claimed parity with the co-accused Umar Ali and Gulam Husain, who have already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.165 of 2023 vide order dated 13.04.2023. Since the case of the applicants is at par with the co-accused, who have already been granted anticipatory bail till the submission of police report, the applicants are also entitled for the same on the ground of parity. It is further submitted that the applicants have 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 applicants, have not been disputed by him.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants deserve to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicants, Mukeem and Shamsher , involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and

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(D) The applicants shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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(Justice Krishan Pahal)

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Order Date :- 3.5.2023 Siddhant

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

Mukeem and Another v. State of U.P.

Case brief

What is this about?

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Mukeem and Another v. State of U.P.

Case brief

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