Allowed

Sufiyan v. State of Up

Allahabad HC15 Oct 2024ABAIL/9052/2024

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by Sufiyan in a case involving Sections 147, 148, 323, 336, and 307 IPC. The court held that grounds for bail were satisfied considering the applicant's lack of criminal antecedents and readiness to cooperate.

What did the court decide?

Anticipatory bail granted till the conclusion of trial on furnishing personal bond of Rs. 25,000 and two sureties of like amount subject to specific conditions.

Sufiyan vs State of Up — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:163801

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9052 of 2024

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Applicant :- Sufiyan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant, Shri Abhishek Kumar, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Sufiyan in Case Crime No. 671 of 2019, under Sections 147, 148, 149, 323, 336 and 307 IPC, Police Station - Bramhapuri, District - Meerut after rejecting anticipatory bail application of the applicant by Additional Sessions Judge, Court No. 14, Meerut vide order dated 08.08.2024.

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Brief facts of the case are that the first information report dated 20.12.2019 has been lodged by one Rishi Kumar Sharma, Civil Defence against one thousand unknown persons stating that on 20.12.2019, when the first informant was on duty at about 3:30 p.m., a mob has started pelting stone and firing with intention to kill the police, in which the first informant and several police officials have sustained injuries.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the applicant is not named in the FIR, without any identification, he has been implicated in the present case only to harass him. The applicant has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. It is further submitted that the charge sheet has been submitted.

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The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any

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imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. It is further submitted that co-accused Mukhtar and Aaqil @ Aqil have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 2466 of 2022 and 8430 of 2024 vide orders dated 25.4.2022 & 3.9.2024.

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Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant but he has not refuted the fact that the applicant has no criminal antecedent to their credit.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3), Cr.P.C. (U.P. Amendment) is not required.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Sufiyan is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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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 such person from disclosing

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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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing;

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed till the conclusion of trial.

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Order Date :- 15.10.2024 Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Sufiyan v. State of Up

Case brief

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Sufiyan v. State of Up

Case brief

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