Allahabad High Court
Mohd. Israil (Anticipatory Bail) vs State Of U.P. & Anr. on 5 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18(In Chamber) Case :- BAIL No. - 3188 of 2020 Applicant :- Mohd. Israil (Anticipatory Bail) Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Amar Nath Dubey,Sanju Kumari Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the accused-applicant and learned A.G.A. for the State through Video Conferencing.
The instant application has been moved by the learned counsel for the applicant seeking anticipatory bail in case crime no. 159 of 2019 under Sections 147, 323, 366, 376, 504, 506 I.P.C., police station Kohdaur, district Pratapgarh.
It is submitted that the co-accused persons have already been granted protection of interim bail by order dated 8.5.2020 passed in Bail No. 2771 of 2020(Anticipatory).
Learned A.G.A. opposing the bail application has conceded that the case of of the accused applicant is situated on equal footing as compared to the co-accused persons.
In these circumstances, the prayer for parity is made out.
Without expressing any opinion upon ultimate merits of the case, this Court directs that in the event of arrest, the accused-applicant involved in case crime no. 159 of 2019 under Sections 147, 323, 366, 376, 504, 506 I.P.C., police station Kohdaur, district Pratapgarh shall be released on bail on furnishing a personal bond to the satisfaction of court concerned.
In order to ensure that the interim bail is not subjected to any misuse and in order to ensure that the statutory powers of investigation and its scope may not get impaired, it is being observed and directed that the accused-applicant shall report his whereabouts to the concerned police station every month and shall not in any manner indulge in any activities or attempts which may adversely influence or impair the fair investigation of the case and shall be available to the police authorities or the Court, as the case may be, whenever required for the purpose of investigation or inquiry.
The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
The computer generated copy of such order shall be self attested by the counter or the party concerned.
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.
The learned counsel for the applicant shall provide a complete set of the anticipatory bail application to the learned A.G.A. via e-mail within a period of ten days from today and the learned A.G.A. shall seek complete instructions in the matter and if required may a file counter-affidavit within a period of four weeks. The applicant shall have two weeks to file rejoinder-affidavit.
List/put up this anticipatory bail along with Bail No. 2771 of 2020.
Order Date :- 5.6.2020 kanhaiya