Allahabad High Court
Fujail Ahmad vs State Of U.P. And Another on 23 September, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4785 of 2020 Applicant :- Fujail Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is owner of the vehicle and has no concern with the offence as alleged in the FIR. He has further submitted that the applicant is not named in the FIR. Learned counsel for the applicant has next submitted that no recovery has been made from the possession of the applicant or at his pointing out. Learned counsel for the applicant has next submitted that applicant has definite apprehension of his arrest by the police. Learned counsel for the applicant has next submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no criminal antecedent and as such he may be released on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Fujail Ahmad involved in Case Crime No. 378 of 2020, under Sections 279, 419, 420, 467, 468 and under Section 3/5A/8 Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act, 1860, P.S. Lanka, District Varanasi, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing personal bonds 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 officer 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 him from disclosing such facts to the Court or to any police officer;
(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 them 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.
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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2020 v.k.updh.