Allahabad High Court
Mubarak Husain vs State Of U.P. on 7 September, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5210 of 2020 Applicant :- Mubarak Husain Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 93 of 2020, under Sections 406, 420, 323, 504, 506 and 493 of IPC, Police Station Taraya Sujan, District Kushi Nagar, applied for anticipatory bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case for the purpose of harassment. Applicant has committed no offence. It is next contended that victim is major and fully capable of understanding what is happening. Learned counsel for applicant further submits that victim is consenting party; she did not resist overtures made by applicant and she has given the tacit consent to have relation with the applicant. Offence, alleged against the applicant is punishable upto 10 years. In case the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from judicial process, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest, applicant-Mubarak Husain shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of Investigating Officer / Court 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 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 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 applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned authority shall also 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.
Order Date :- 7.9.2020 Akram