Disposed

Jawed Aslam v. State of U.P Thru. Prin. Secy. Home Lko.

Allahabad HC22 Feb 2024ABAIL/356/2024

Case brief

AI extract

What is this about?

The court listed the anticipatory bail application for consideration after the state files counter-affidavils with the SIT report. The applicant was released on bail pending the next date of hearing subject to conditions regarding cooperation with investigation and non-flight.

What did the court decide?

Anticipatory bail granted subject to conditions: availability for interrogation, no inducement/threat/promise to witnesses, and no exit from country without permission. Bond: Rs. 50,000/- with two sur

Jawed Aslam vs State of U.P Thru. Prin. Secy. Home Lko. — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 356 of 2024

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Applicant :- Jawed Aslam Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pranjal Krishna,Nadeem Murtaza Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that she has procured complete instructions in the matter including up-to-date case diary.

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Heard Shri Nadeem Murtaza, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The instant application has been moved by the applicant- Jawed Aslam, in Case Crime No. 0014 of 2023, under Sections 409, 420, 467, 468, 201, 204, 166 and 120-B I.P.C., Police Station S.I.T. Lucknow Rural with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the abovementioned 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. The applicant at the relevant point of time, for a very short period has assumed the post of Registrar in U.P. Madarsa Shiksha Parishad, Lucknow and the allegations which have been levelled in the first information report are to the tune that he along with other co-accused persons has submitted wrong facts and reports with regard to the recognition of different Madarsas and also about embezzlement found in the distribution of scholarship.

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It is further submitted that the allegations which have been levelled in the first information report are vague and no specific allegation has been levelled against the applicant and he (applicant) was not at all in a position to manipulate any factual aspect of the case as an inquiry has admittedly been conducted by senior officers.

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It is further submitted that the applicant had earlier approached this Court for quashment of the said report submitted by the Special Investigation Team by filing an Application U/s 482 Cr.P.C. No. 3380 of 2023 and vide order dated 11.04.2023 the operation of the said report was stayed for

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the time being. However, the said 482 Cr.P.C. Application was unfortunately dismissed on 04.10.2023 against which the applicant had approached the Hon'ble Supreme Court, however, the S.L.P. filed against the said order has also been dismissed.

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While drawing the attention of this Court towards a copy of the certificate issued by the Chief Medical Officer, Varanasi, it is submitted that the applicant is an handicap person and is coming within the definition of infirm as defined in the explanation attached with Section 437 Cr.P.C. and he is intending to cooperate in the investigation and has not been declared an absconder.

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It is further submitted that to the best of knowledge of the applicant he is not having any criminal antecedents and the report which is alleged to have been submitted by the Special Investigation Team, has never been provided to the applicant.

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Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant on the ground that the applicant has committed an heinous offence, moreover, he is also having criminal history of one case and, therefore, he is not entitled for any protection.

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Having heard learned counsel for the parties and having perused the record and keeping in view the allegations which have been levelled against the applicant, it appears that the report submitted by the S.I.T. would be relevant for disposal of the plea of anticipatory bail of the applicant, which according to learned counsel for the applicant has never been supplied to the applicant.

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Thus, list this case on 11.03.2024, by which date the State if so wish, may file counter affidavit/objections enclosing therewith the report submitted by the S.I.T., if it is not a confidential document.

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It is provided that till the next date of listing, in the event of arrest of the accused-applicant, namely, Jawed Aslam involved in the above noted 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 country without the previous permission of the Court.

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Order Date :- 22.2.2024 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Jawed Aslam v. State of U.P Thru. Prin. Secy. Home Lko.

Case brief

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Jawed Aslam v. State of U.P Thru. Prin. Secy. Home Lko.

Case brief

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