Allowed

Ikbaal v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC13 Dec 2024NABAIL/224/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim anticipatory bail to Ikbaal in a case involving alleged firing on a police party under Sections 109 and 317(2) of the BNS and Section 25(1-B) of the Arms Act. The court reasoned that the case was fit for anticipatory bail given the applicant's assurance to cooperate and the lack of spot arrest.

What did the court decide?

Interim anticipatory bail granted on personal bond and two solvent sureties subject to seven specific conditions.

Ikbaal vs State of U.P. Thru. Secy. Home Lko. — Narcotics (NDPS) | Allahabad HC (2024)

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Court No. - 15

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 224 of 2024

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Applicant :- Ikbaal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.307 of 2024, under Section 109, 317 (2) B.N.S. and Section 25 (1-B) Arms Act, Police Station Khairabad, District Sitapur.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that allegation of opening fire over the police party is against the accused persons though there is no injured on the side of the police and the applicant was not arrested on spot and his name came into light in the confessional statement of the coaccused and only on the basis of misconception, he has been implicated in the present case. He further submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has explained four cases criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed offence, as such, he is not entitled to any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail.

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Till the next date of listing, the present applicant Ikbaal shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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(ii) that 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 or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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List/put up this matter in the third week of January 2025.

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In the meantime, learned counsel for the State shall file the counter affidavit.

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Order Date :- 13.12.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ikbaal v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Ikbaal v. State of U.P. Thru. Secy. Home Lko.

Case brief

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