Partly allowed

Jiyad Khan v. State of U.P. and Another

Allahabad HC4 Oct 2024ABAIL/9745/2024

Case brief

AI extract

What is this about?

Single judge order on anticipatory bail application. Court granted interim anticipatory bail subject to a bond and conditions. Investigation directed to conclude within three months. Matter listed for further hearing after notice to opposite parties.

What did the court decide?

Interim anticipatory bail granted; personal bond of Rs. 50,000 with two sureties; investigation to conclude within three months.

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

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9745 of 2024

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Applicant :- Jiyad Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Agrahari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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The instant application under Section 438 Cr.P.C. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 28 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Munderwa, District Basti.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has no concern with the alleged incident. Co-accused Manish Kumar Singh and Md. Aasim Iqbal have been granted anticipatory bail by this Court vide orders dated 25.09.2024 and 04.10.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 9491 of 2024 (Manish Kumar Singh v. State of U.P. and another) and 9832 of 2024 (Md. Aasim Iqbal v. State of U.P. and another) respectively. The case of the applicant is similar to that of the said co-accused. The applicant has no criminal antecedents. The investigation is pending and the applicant has apprehension of his arrest in the above mentioned case.

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Matter requires consideration.

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Learned A.G.A. has accepted notice on behalf of the Stateopposite party no. 1.

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Issue notice to the opposite party no. 2.

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The opposite parties are granted four weeks' time to file counter affidavit.

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Connect this application with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 9491 of 2024 and 9832 of 2024 and place the matter on 11.12.2024 in the additional cause list.

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Till the next date of listing or till the submission of police report, if any, under Section 173(2) Cr.P.C., whichever is earlier, in the

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event of arrest the applicant- Jiyad Khan in the aforesaid case crime shall be released on interim anticipatory bail on his 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 from disclosing such facts to the Court or to any police officer;

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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 interim 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 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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Order Date :- 23.10.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Jiyad Khan v. State of U.P. and Another

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Jiyad Khan v. State of U.P. and Another

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