Allahabad High Court
Gyasuddin vs State Of U.P. on 17 September, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4538 of 2020 Applicant :- Gyasuddin Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Dileep Kumar Srivastava, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
Learned A.G.A. states that the instructions received, in compliance of the order dated 24.08.2020, it has not been cleared that whether the charge-sheet has been submitted against the applicant or not.
It has been contended by the learned counsel for the applicant that the applicant had purchased the wood from one Deepak Vishwakarma and the copy of the sale letter dated 02.09.2019 has been annexed as annexure no.4 but the complainant - police personnel has illegally implicated the applicant in the present case. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Gyasuddin involved in Case Crime No.230 under Sections 379, 411 IPC and 4/16-A Forest Act and 5 of Export and Import Act, Police Station Kaptan Ganj, District Kushinagar, 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 his 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 him 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.
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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
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.
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 concerned Court/Authority/Official.
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 :- 17.9.2020 A. Dewal