Allowed

Arif Khan v. State of U.P. and Another

Allahabad HC28 Nov 2024ABAIL/11342/2024

Case brief

AI extract

What is this about?

This Criminal Misc. Application under S. 438 Cr.P.C. was filed by Arif Khan seeking anticipatory bail. The Court observed that the applicant was falsely implicated and raised apprehension of arrest. It allowed the prayer for anticipatory bail with a personal bond and specific conditions.

What did the court decide?

Release on anticipatory bail furnishing a personal bond of Rs. 25,000 with two sureties each in the like amount.

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

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Neutral Citation No. - 2024:AHC:191059

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Court No. - 88

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11342 of 2024

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Applicant :- Arif Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 320 of 2017, under sections 147, 148, 149, 153, 295, 307, 323, 341, 353, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station-Jiyanpur, District- Azamgarh.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. He was not named in the F.I.R. but later on charge sheet was filed against him. Further submitted that he was released on anticipatory bail by coordinate Bench of this Court during pendency of investigation and now charge sheet has been filed. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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Learned A.G.A. opposed the prayer as aforesaid.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and from perusal of record, the applicant is entitled to be released on anticipatory bail during the pendency of trial.

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In the event of arrest of the applicant- Arif Khan , shall be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 25,000/- 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 applicant shall appear before the learned trial court unless exempted;

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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 office;

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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, this bail order shall stand automatically vacated.

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Order Date :- 5.12.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Arif Khan v. State of U.P. and Another

Case brief

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Arif Khan v. State of U.P. and Another

Case brief

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