Allowed

Sarafaraj Maseeh v. State of U.P. and Another

Allahabad HC19 May 2023ABAIL/4192/2023

Case brief

AI extract

What is this about?

The High Court of Allahabad entertained an anticipatory bail application under Section 438 Cr.P.C. The applicant, charged after his co-accused was granted bail, relied on the principle of parity. The Court accepted the submission and granted bail subject to standard conditions including cooperation with investigation and travel restrictions.

What did the court decide?

Anticipatory bail allowed on the ground of parity with a co-accused, subject to furnishing a bond, cooperation in investigation, and restrictions on inducing witnesses or leaving the country.

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

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Neutral Citation No. - 2023:AHC:111997

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4192 of 2023

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Applicant :- Sarafaraj Maseeh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey

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Counsel for Opposite Party :- G.A.,J.B. Singh

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Rajesh Kumar Srivastava, learned Additional Government Advocate for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.15 of 2023, registered under Sections 406, 420, 120-B I.P.C. at Police Station- Sadar Bazar, District Meerut with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that the coaccused person, Paul Jenia, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 10.5.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.4195 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of anticipatory bail on the ground of parity.

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Accordingly, the anticipatory bail application is allowed with

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following directions:-

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(A) In the event of arrest of the applicant- Sarafaraj Maseeh 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 his/her 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 applicant 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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(C) 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 her from disclosing such facts to the Court or to any police officer; and

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(D) The applicant 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 applicant.

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[Krishan Pahal, J.]

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Order Date :- 19.5.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Sarafaraj Maseeh v. State of U.P. and Another

Case brief

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Sarafaraj Maseeh v. State of U.P. and Another

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