Allowed

Sartaz v. State of U.P. and Another

Allahabad HC20 Jun 2023ABAIL/6417/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Sartaz under Section 438 Cr.P.C. pending the submission of the police report, subject to personal bond, sureties, and standard conditions regarding interrogation and foreign travel. The disposal references Sushila Aggarwal.

What did the court decide?

Grant of anticipatory bail under Section 438 Cr.P.C. pending submission of police report, conditioned on furnishing personal bond and sureties with specific undertakings.

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

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Neutral Citation No. - 2023:AHC:127409

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Court No. - 47

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6417 of 2023

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Applicant :- Sartaz 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 Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.145 of 2023, under Sections 147, 148, 332, 333, 353, 307, 427, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act & 3/4 Prevention of Damage to Public Property Act, Police Station -Cantt, District - Bareilly, during the pendency of investigation/submission of police report/trial.

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It has been contended by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It has further been stated that almost 70 named and 35-40 unnamed persons have been implicated in the present FIR, who were family members and villagers. It is further submitted that due to mob, violence on the part of the villagers that the said incident took place. No specific role has been assigned to the accused applicant. The injury caused to the police official are simple in nature. It is further submitted that the co-accused Aslam Qureshi @ Aslam and Arif Qureshi @ Mohd. Arif have already been released on bail by means of order dated 15.06.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 6452 of 2023, copy of bail order has been produced before this Court for perusal of this Court. Since investigation is going on and the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case,

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submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any further comment on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC Online SC 98. them

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In the event of arrest of the applicant- Sartaz shall be released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- each with two sureties each to the like amount to the satisfaction of the 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 office 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 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 default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 20.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Sartaz v. State of U.P. and Another

Case brief

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Sartaz v. State of U.P. and Another

Case brief

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