Allowed

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

Allahabad HC2 Dec 2024ABAIL/11181/2024

Case brief

AI extract

What is this about?

Court granted anticipatory bail to applicants on charges of disassociation, instigation, and attempt to murder, noting no injuries and cooperation in investigation, subject to personal bond and standard conditions.

What did the court decide?

Granted anticipatory bail on a personal bond of Rs. 50,000 with two sureties each, subject to conditions regarding court attendance, no interference with witnesses, and no leaving India without permis

Sabir and Another vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188449

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11181 of 2024

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Applicant :- Sabir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh 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 applicants as well as 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. 136 of 2018, under Sections 147, 148, 149, 307, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Lisari Gate, District Meerut.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, two groups were fighting amongst themselves. In the alleged incident, no person has received any injury. No injury report is available on the case diary. No overact has been assigned to the applicants. During the course of investigation, the applicants along with other co-accused were granted protection by this Court vide order dated 13.02.2018 passed in Criminal Misc. Writ Petition No. 3539 of 2018 (Parvej and 11 others Vs. State of U.P. and another). Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have no criminal antecedents. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty.

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

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Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and

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antecedents of the applicants, in particular the fact, that in the alleged incident, no person has received any injury, no injury report is available on the case diary, no overact has been assigned to the applicants, during the course of investigation, the applicants were granted protection by this Court. Charge sheet has been submitted. The applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicants Sabir and Abid involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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:

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(i) the applicants shall make themselves available on each and every date fixed in the matter by the court concerned;

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(ii) 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;

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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 2.12.2024 Sachin Mishra

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

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

Case brief

What is this about?

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

Case brief

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