Allowed

Rashid v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Allahabad HC23 Feb 2024/114/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under S. 438 Cr.P.C., the Allahabad High Court (Lucknow Bench) allowed the prayer. Factors included that the applicant was not arrested from the spot and his name surfaced in confessional statements of co-accused persons. A bond of Rs. 50,000 and two sureties were required.

What did the court decide?

Anticipatory bail allowed on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount subject to specified conditions.

Rashid Vs State of U.P. Thru. Addl. Chief Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16840

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 114 of 2024

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Applicant :- Rashid Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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Counsel for Applicant :- Rajesh Kumar Srivastava,Khusboo Sharma,Mohammad Suhel Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned AGA informs that he has procured complete instructions in the matter including up-to-date case diary and investigation of this case is still pending.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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The instant application has been moved by the applicant- Rashid, in Case Crime No. 219 of 2023, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 of the Prevention of the Cruelty to Animal Act, Police Station- Jais, District- Amethi, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.

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Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. Applicant was not arrested from the spot and his name has surfaced in the confessional statements of the coaccused persons. However, he is ready to cooperate in the investigation. The alleged offences charged against the applicant are triable by Magistrate. The criminal history of one case has been explained in supplementary affidavit dated 16.02.2024 and it is undertaken that the applicant shall remain present before the Investigating Officer as and when his presence would be required.

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Learned A.G.A. on the other hand opposes the prayer of anticipatory bail of the applicant.

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Having heard learned counsel for the parties, having perused the record and considering the fact that the applicant was not arrested from the spot and his name has surfaced in the confessional statement of the co-accused persons and the

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criminal history of one case has been explained, the facility of anticipatory bail may be extended in favour of the applicant.

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Thus, the instant anticipatory bail application moved by the applicant- Rashid is, hereby, allowed and it is provided that in the event of arrest of the applicant- Rashid, in the abovementioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Investigating Officer/Trial Court with the following conditions:-

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(i) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer 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 them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the District concerned without the previous permission of the Court.

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(iv) The applicant, in case of submission of adverse police report under section 173(2) CrPC against him, shall remain present before the trial Court on each and every dates as and when his presence would be required by the trial Court and shall not seek any adjournment when the prosecution witnesses would be in attendance.

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The trial Court, in case of submission of adverse police report under Section 173(2) CrPC against the applicant, may impose any other suitable condition, in addition to the above-mentioned conditions imposed by this Court, for procuring the presence of the applicant before it.

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If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 23.2.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rashid v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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Rashid v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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