Allowed

Shakeel and Another v. State of U.P. and Another

Allahabad HC17 Apr 2023ABAIL/954/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicants in a criminal case involving theft, cheating, forgery and related offences, allowing bail until the submission of the police report on furnishing of a bond with sureties.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000 with two sureties each of like amount to the Station House Officer.

Shakeel and Another Vs State of U.P. and Another — 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. - 954 of 2023

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Applicant :- Shakeel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Amar Jeet Upadhyay, learned counsel for the applicants and Sri V.K.S. Parmar, 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. 03 of 2022, under Sections 411, 414, 420, 467, 468, 471 of IPC and Sections 41/102 of Cr.P.C., Police Station Brahampuri, District Meerut, with a prayer to enlarge them on anticipatory bail.

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At the very outset, learned counsel for the applicants have claimed parity with the co-accused Habib, 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.6879 of 2022 vide order dated 21.09.2022. 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. Learned counsel has also stated that the names of the applicant have come up in the statement of arrested coaccused persons which is not admissible in law.

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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, Shakeel and Raheesuddin , 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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(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 :- 17.4.2023 Siddhant

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

Shakeel and Another v. State of U.P. and Another

Case brief

What is this about?

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Shakeel and Another v. State of U.P. and Another

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