Allowed

Ateeq Ahamad v. State of U.P. and Another

Allahabad HC16 Oct 2024ABAIL/10003/2024

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail application in an offence under sections 420, 467, 468, 471 IPC. Court held it is a fit case for bail till end of trial, emphasizing factors like nature of offence, role, and likelihood of influencing investigation. Bail granted on personal bond and sureties.

What did the court decide?

Anticipatory bail granted till end of trial on personal bond of Rs. 50,000 with two sureties, subject to conditions of appearance, non-interference, and passport deposit.

Ateeq Ahamad vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:164201

¶2

Court No. - 82

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10003 of 2024

¶4

Applicant :- Ateeq Ahamad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Danish,Mohammad Iliyas Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

¶7

Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Ateeque Ahmad in Case Crime No. 0365 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station - Jawan, District - Aligarh.

¶8

It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further submitted that the applicant sold the property in question as he had no option but to sell the same for the marriage of her daughter. Civil suit is already pending between the parties. Dispute is purely of civil nature. Applicant is the real brother of the informant and the dispute relates to family dispute. It is further argued that in this matter now charge-sheet has been submitted against the applicant. It is further submitted that an interim protection was granted to the applicant by way of anticipatory bail vide order dated 19.10.2023 and the said liberty was never misused by him. It is also submitted that co-accused Rahees Khan and Ranjilal have been granted anticipatory bail by this Court vide order dated 9.8.2024 passed in Criminal Misc. Anticipatory Bail Application No. 7881 of 2024. Applicant's case is squarely covered under Section 438 Cr.P.C. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

¶9

Learned A.G.A. and learned counsel for the opposite party no.2 has opposed the prayer for anticipatory bail.

¶10

It reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicant till date and they have cooperated during the investigation and now no custodial interrogation is required

¶11

from the accused/applicant.

¶12

Although charge-sheet has been submitted in this matter, but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

¶13

It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

¶14

It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶15

Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.

¶16

The anticipatory bail application is allowed.

¶17

In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

¶18

(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

¶19

(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 him / her from disclosing such facts to the Court or to any police officer;

¶20

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall

¶21

be deposited by him before the S.S.P./S.P. Concerned.

¶22

In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

¶23

Order Date :- 16.10.2024 Rmk.

¶24

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Ateeq Ahamad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ateeq Ahamad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pushpendra Sahu vs State of U.P. and Another

Kesari Nandan Gupta vs State of Up and Another

Rakesh Kumar vs State of U.P.

Vibhor Gautam vs Chumman Nath Swami

Deependra Singh vs State of U.P. and Another

Vipin Yadav @ Vipan vs State of U.P. and Another