Allahabad High Court
Mubin@ Mukeem@ Bhoori vs State Of U.P. on 30 January, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11617 of 2022 Applicant :- Mubin@ Mukeem@ Bhoori Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 255 of 2021, under sections 380, 427, 457 IPC, Police Station- Dankaur, District- Gautam Budh Nagar.
Facts in brief are that F.I.R. was lodged against unknown persons regarding theft of ATM machine on 14.7.2021 relating to Punjab National Bank which was installed at Bilashpur, Gautambudh Nagar. During investigation accused Nasir, Sahid and Imran were arrested by the police and money was recovered from their possession. On the basis of their confessional statement, the names of this applicant and co-accused Rukmuddin were brought into light.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. In this case, applicant was not named in the F.I.R. During investigation the name of this applicant was brought into light on the basis of confessional statement of co-accused. There is no evidence on record to show the presence of this applicant on the place of occurrence. Co-accused Rukmuddin has already been granted bail, the case of this applicant is also similar. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Mubin@ Mukeem@ Bhoori, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- 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 office as and when required;
(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 office;
(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.
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.
Order Date :- 30.1.2023 A. Singh