Allowed

Shadab v. State of U.P.

Allahabad HC25 Oct 2024ABAIL/10125/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a criminal case involving IPC offences and the Criminal Law (Amendment) Act, 1932, conditionally releasing him on a personal bond with sureties until the submission of the police report.

What did the court decide?

Anticipatory bail granted until submission of police report on furnishing a personal bond of Rs. 50,000 with two sureties of similar amount.

Shadab vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:171265

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10125 of 2024

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Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 150 of 2024, under Sections 147, 148, 149, 336, 504, 307 I.P.C. and Section 7 of Criminal Law (Amendment) Act, 1932, Police Station Incholi, District Meerut.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, two groups were fighting amongst themselves and pelting stones at each other. In the alleged incident, no person has received any injury. Prior to the instant case, the applicant was found involved in Case Crime No. 483 of 2020, under Sections 504, 307, 323 of I.P.C., P.S. Inchauli, DistrictMeerut. In the said case, the applicant has been released on bail. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and in particular the fact that in the alleged incident, no person has received any injury, without commenting on merits of the case, I

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am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Shadab be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on 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 police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation 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 from disclosing such facts to the Court or to any police officer;

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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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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 25.10.2024 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Shadab v. State of U.P.

Case brief

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Shadab v. State of U.P.

Case brief

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