Allowed

Saddam Alias Mohammad Saddam Husain v. State of U.P. and Another

Allahabad HC26 Jul 2024ABAIL/7259/2024

Case brief

AI extract

What is this about?

Anticipatory bail application filed in a criminal case under IPC sections and UP Public Examination Act. Granted on grounds of parity with a co-accused. Applicant released on personal bond and two sureties with standard conditions.

What did the court decide?

Anticipatory bail granted on personal bond and two sureties with conditions for interrogation, non-breach, and appearance in court.

Saddam Alias Mohammad Saddam Husain vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:125361

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Court No. - 68

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7259 of 2024

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Applicant :- Saddam Alias Mohammad Saddam Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mansoor Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Shahibe Alam, Advocate holding brief of Sri Mansoor Ahmad, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.36 of 2024, registered under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and 6/10 of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998 at Police Station- Kotwali, District- Gorakhpur with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that co-accused person Anu @ Nikhil Kumar has already been granted anticipatory bail by this Court vide order dated 1.8.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.7215 of 2024. There is no criminal antecedent of the applicant. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993

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Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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In view of the above, let the accused-applicant- Saddam Alias Mohammad Saddam Husain be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness; (vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 5.8.2024 Vikas

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(Justice Krishan Pahal)

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Saddam Alias Mohammad Saddam Husain v. State of U.P. and Another

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Saddam Alias Mohammad Saddam Husain v. State of U.P. and Another

Case brief

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