Allowed

Tasin v. State of U.P. and 2 Others

Allahabad HC2 Sept 2024ABAIL/8673/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a criminal case registered at Police Station Nanauta, District Saharanpur. The court found merit in the claim of false implication and delayed FIR registration, granting bail until the submission of the police report.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000/- with two sureties.

Tasin vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155750

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8673 of 2024

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Applicant :- Tasin Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 42 of 2023, under Sections 366, 380, 506 I.P.C., Police Station Nanauta, District Saharanpur.

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Learned counsel for the applicant contends that the incident is alleged to have occurred on 19.12.2021. An application under Section 156(3) Cr.P.C. for registration of first information report against the applicant and others was made on 24.06.2022. The first information report was lodged on 11.03.2023. The delay in filing the application under Section 156 (3) Cr.P.C. before the concerned court is fatal to the prosecution case. By placing reliance on the statement of the sister of the victim, it is contended that the victim was last seen in the company of the co-accused Ash Mohammad. The applicant has been falsely implicated in the instant case. It is next contended that after the victim was found missing, the sister of the victim filed another application under Section 156 (3) Cr.P.C. against the applicant and others for registration of FIR on the ground that a registered sale deed has been executed forcibly. The said application was dismissed on 09.02.2023. In the said application, there is no allegation regarding the present incident. In such circumstances, it is contended that the applicant has been falsely implicated. Prior to the instant case, the applicant was involved in Case Crime No. 111 of 2019, under Sections 147, 148, 149, 307, 302 IPC, Police Station Rampur Maniharan, District Saharanpur. In the said case, the applicant has been granted bail by this Court vide order dated 27.11.2021 passed in Criminal Misc. Bail Application No. 43568 of 2021. It is next submitted that the investigation is going on and the applicant has apprehension of his

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arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the application under Section 156 (3) Cr.P.C. was made belatedly, the sister of the victim in her statement under Section 161 Cr.P.C. stated that the victim was last seen in the company of the coaccused Ash Mohammad, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Tasin be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation 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 him from disclosing such facts to the Court or to any police officer; and,

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

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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

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date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 24.9.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Tasin v. State of U.P. and 2 Others

Case brief

What is this about?

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Tasin v. State of U.P. and 2 Others

Case brief

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