Allowed

Ali Hasan v. State of U.P. and Another

Allahabad HC30 Aug 2024ABAIL/8552/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application, the Allahabad High Court granted bail to the applicant pending the submission of the police report. The court allowed bail based on the legal principle established in Sushila Aggarwal, subject to standard conditions.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on personal bond with two sureties.

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

¶1

Neutral Citation No. - 2024:AHC:139482

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8552 of 2024

¶4

Applicant :- Ali Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

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

¶7

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 135 of 2024, under Sections 379 I.P.C. and Section 2/3 Prevention of damage to Public Property Act and Section 4/10 Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, P.S. Haldaur, District Bijnor, till the conclusion of trial.

¶8

Counsel for the applicant submits that applicant has been falsely implicated in the present case. Applicant is Thekedar. He had cut the trees which he got through auction proceedings. The contractor has not cut all the trees standing there. Allegation made against the applicant is false and without support of any evidence. Learned counsel for the applicant next submits that co-accused Parvej Alam has been granted anticipatory bail till submission of police report u/s 173(2) Cr.P.C. by this court vide order dated 25.06.2024. The applicant has no criminal history. Lastly, it is submitted that the applicant is apprehensive of his imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

¶9

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

¶10

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT

¶11

of Delhi)-2020 SCC Online SC 98.

¶12

Let the applicant- Ali Hasan , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

¶13

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

¶14

(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 officer;

¶15

(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.

¶16

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶17

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶18

9. The application stands allowed.

¶19

Order Date :- 30.8.2024 SKD

¶20

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ali Hasan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ali Hasan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pavan and 3 Others vs State of U.P. and Another

Vipin and 2 Others vs State of U.P. and Another

Faeem and Another vs State of U.P.

Sadhu vs State of U.P. and Another

Vishal Singh and Another vs State of U.P. and Another

Ankit and 3 Others vs State of U.P. and Another