Allahabad High Court
Umar Ali @ Ninku vs State Of U.P. And Another on 22 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10627 of 2021 Applicant :- Umar Ali @ Ninku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Sri D.K. Mishra, learned counsel for the applicant - Umar Ali @ Ninku, S/o Sabir Ali. Sri Vikas Goswami, learned AGA for the State.
2. This anticipatory bail application has been filed by the applicant being aggrieved of order dated 22.2.2021 passed by learned Sessions Judge, Jaunpur rejecting anticipatory bail application filed by the applicant consequent to registration of case crime no. 219 of 2020, under section 401 IPC, at police station Machhali Shahar, District Jaunpur.
3. Counsel for the applicant submits that applicant has no criminal history. He has been arrayed as accused on the statement of Santosh Upadhyaya @ Prateek, D/o Deomani Upadhyay. It is submitted that applicant has been falsely implicated. He is not part of any gang and there is no criminal history against applicant, therefore, merely because his name has been taken by co-accused from whose possession non commercial quantity of 1 Kg and 150 gm ganja was allegedly recovered and with a view to divert his own liability Santosh Upadhyaya @ Prateek has taken name of this applicant. It is submitted that it is a case of false accusation.
4. Learned AGA admits that there is no criminal history of the applicant.
5. Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
6. Accordingly, let applicant Umar Ali @ Ninku, S/o Sabir Ali implicated in the aforesaid case shall be released on 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:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(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 or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the Court.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 22.6.2021 S.K.S.