Allahabad High Court
Kasab @ Mohammad Kashaan vs State Of U.P. And Another on 13 April, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1043 of 2023 Applicant :- Kasab @ Mohammad Kashaan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 320 of 2017, under sections 147, 148, 149, 295, 153, 323, 427, 504, 506, 307, 341, 353 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Jeanpur, District Azamgarh.
It is submitted by learned counsel for the applicant that in this case applicant was falsely implicated and F.I.R. was lodged in the year 2017 relating to the dispute of disposal of Ganesh statute. It is further submitted that the name of applicant is Mohd. Kasan, but in F.I.R. his name was mentioned as Kasab. It is also submitted that he is not a resident of the place where incident took place but he is a resident of some other village which is distant from the aforesaid place. It is further submitted that now, there is no evidence on record to show his complicity even though investigation is going on and the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, 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- Kasab @ Mohammad Kashaan, shall be released on anticipatory bail till the submission of police report 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 :- 13.4.2023 Suraj Srivastav