Allahabad High Court
Imtiyaz Mohammad vs State Of U.P. And Another on 1 April, 2022
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 415 of 2022 Applicant :- Imtiyaz Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard over anticipatory bail application under Section 438 Cr.P.C., moved by the applicant-Imtiyaz Mohammad in Case Crime No.641 of 2021, under Section 376, 342, 323, 504, 506 IPC, P.S. Akbarpur, District Kanpur Dehat.
Learned counsel for the applicant submits that applicant is father-in-law of the informant. Applicant has filed Case No.8076 of 2021 (Imtiyaz Mohammad vs. Naushad and others), under Senior Citizens Act against his son Naushad, husband of the informant- Shamshad before the Sub-Divisional Magistrate, Kanpur Sadar in which order has been passed on 30.03.2021 in favour of the applicant regarding which for execution he filed an application on 01.09.2021, then present FIR has been lodged on 02.09.2021 showing the incident of 25.08.2021 at about 10.00 p.m. by levelling allegation of rape against Shahnawaz- brother-in-law (Dewar) of the informant. There is allegation of abusing and committing marpeet by the applicant with the informant. He further submits that due to case filed against the husband of the informant he has been falsely implicated in this case.
Learned A.G.A. has vehemently opposed, but could not dispute the factual aspect.
Having heard and gone through material placed on record, case instituted by the applicant against husband of the informant and order passed in his favour on 30.03.2021 and moving application by the applicant on 01.09.2021 thereafter lodging this FIR regarding incident of 25.08.2021 as well as nature of allegation of abusing and committing marpeet by the applicant, the fact that applicant has no criminal antecedent and law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicant, Imtiyaz Mohammad is directed to be enlarged on anticipatory bail in above case crime number on his furnishing personal bond of Rs.50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station concerned till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent court with the following conditions:-
i. The applicant shall make him available for interrogation by the police officer as and when required, if investigation is in progress;
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 such person from disclosing such facts to the Court or to any police officer;
iii. The applicant shall not leave the country without 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/Court concerned;
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P./S.S.P. concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
This anticipatory bail application is allowed.
Order Date :- 1.4.2022 MAA/-