Allowed

Ishaq Khan and Another v. State of U.P. and Another

Allahabad HC16 May 2023ABAIL/4661/2023

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application for the applicant, Ishaq Khan, and a co-applicant based on their parity with co-accused who had already been granted bail. The bail was granted with conditions including bond, cooperation, and non-collusion.

What did the court decide?

Anticipatory bail granted until submission of police report subject to personal bond and conditions of cooperation and non-interference.

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

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Neutral Citation No. - 2023:AHC:105518

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4661 of 2023

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Applicant :- Ishaq Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Vijay Pratap Singh, learned counsel for the applicants and Sri Avnish Kumar Srivastava, learned counsel for the informant as well as 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. 9 of 2023, under Sections 506, 120-B IPC and 3/5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Phase2 , District Gautam Budh Nagar, 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 Smt. Yasmeen and Smt. Chaman, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 4676 of 2023 vide order dated 12.5.2023. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail till the submission of police report, the applicant is also entitled for the same on the ground of parity.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the co-accused has 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, Ishaq Khan and Smt. Sazida , 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.25,000/- 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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(C) 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 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 :- 16.5.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Ishaq Khan and Another v. State of U.P. and Another

Case brief

What is this about?

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Ishaq Khan and Another v. State of U.P. and Another

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