Arif v. State of Up
Case brief
What is this about?
Current Court allowed anticipatory bail application to Arif in a theft and cheating case under Sections 379 and 411 IPC, citing that no arrest warrant was issued and custodial interrogation was unnecessary, allowing bail till trial conclusion.
What did the court decide?
Application allowed; bail granted on furnishing personal bond of Rs. 50,000/- with two sureties each, subject to standard conditions.
What the court decided
Neutral Citation No. - 2024:AHC:136878
Court No. - 86
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8005 of 2024
Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned AGA and perused the material available on record.
- This application for anticipatory bail has been filed by applicant- Arif in connection with Case Crime No. 58 of 2023 under sections 379, 411 IPC, P.S. Shamli, District- Shamli.
- It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. It is further submitted that allegations levelled against the applicant are false. It is further submitted that the applicant has already been granted anticipatory bail by this Court till submission of police report under Section 173(2) Cr.P.C. in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 6637 of 2023 by order dated 7.6.2023. Now the charge sheet in the matter has been submitted and no process under Section 82/83 Cr.P.C. has been issued against the applicant till date. It is further submitted that criminal history of two cases has been explained in the affidavit. It is further submitted that no custodial interrogation is required in this matter from the applicant and as such, he is entitled for anticipatory bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in the given facts and circumstances.
Whether anticipatory bail can continue after the filing of the charge sheet till the conclusion of the trial.
Parties & counsel
- applicant
Arif
- respondent
State of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/8005/2024
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