Allowed

Zubair and 2 Others v. State of U.P. and Another

Allahabad HC28 Jan 2023ABAIL/9075/2021

Case brief

AI extract

What is this about?

This court allowed an application under Section 438 Cr.P.C., converting an interim anticipatory bail order dated 17.06.2021 into an absolute bail order pending the submission of the police report under Section 173(2) Cr.P.C., subject to existing conditions regarding investigation cooperation and non-removal from the country.

What did the court decide?

Anticipatory bail application allowed; interim bail order dated 17.06.2021 made absolute till submission of police report under Section 173(2) Cr.P.C.

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

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9075 of 2021

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Applicant :- Zubair And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Manish Joshi, learned counsel for the applicant, Mr. K.P. Pathak, learned Additional Government Advocate for the State of U.P. and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 57 of 2021, under Sections 366 IPC, P.S.-Mainather, District-Moradabad , with the prayer that in the event of arrest, applicant may be released on bail.

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Earlier on 17.06.2021, the Co-ordinate Bench of this Court, while granting interim anticipatory bail to the applicants, has passed following order :-

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"Heard learned counsel for the applicants, Sri Vikas Sahai the learned A.G.A. for the State and perused the record.

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The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 057 of 2021, under Section 366 IPC, Police Station Mainather, District Moradabad.

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All the noticed respondents shall file a reply on this application within a period of six weeks. Notice shall issue to the opposite party No.2 returnable within the same period. Post this matter on the expiry of the aforesaid period before the appropriate Court.

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For the purposes of considering the prayer for interim anticipatory bail, the Court takes note that the girl who is stated to be missing is a major and had willingly gone with Naved, the brother of the applicants here. According to the applicant, both of them were in a relationship and had voluntarily left their respective homes. It is further stated that the applicants have no knowledge of their whereabouts. No direct allegation as such is made against the present applicants.

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Accordingly let the applicants- Zubair, Saziya and Farman involved in the aforesaid case crime number be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-

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(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency

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even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;

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(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;

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(iii) 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 him from disclosing such facts to the Court or to any police office;

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(iv) the applicants shall not leave India without the previous permission of the Court and if they have a passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.

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(vi) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.

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In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted. "

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It is submitted by learned counsel for the applicant that the investigation is going on. Till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 17.06.2021 by the Coordinate Bench of this Court.

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Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.

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In view of the above, aforesaid interim anticipatory bail order dated 17.06.2021 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 17.06.2021.

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With the aforesaid observations and directions, the instant anticipatory bail application is allowed .

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Order Date :- 28.1.2023 Jitendra/-

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

Zubair and 2 Others v. State of U.P. and Another

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Zubair and 2 Others v. State of U.P. and Another

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