Allahabad High Court
Jumma vs State Of U.P. And Another on 5 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:71296 Court No. - 7 Case :- APPLICATION U/S 528 BNSS No. - 14439 of 2025 Applicant :- Jumma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maneesh Tiwari,Pawan Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Learned counsel for the applicant - Jumma submits that applicant was granted anticipatory bail by order dated 24.7.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5977 of 2024. The condition in the aforesaid anticipatory bail order was to the effect that applicants shall not leave India without previous permission of the Court concerned. The order under challenge is the denial of the permission to the applicant as he has to go for Haj at Saudi Arabia. In the supplementary affidavit filed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5977 of 2024, applicant - Jumma has produced the Haj Committee of India information for pilgrimage to Saudi Arabia. The details of travel of applicant are stated in paragraph nos. 6 and 7 of the supplementary affidavit dated 1.5.2025, which is quoted hereinbelow:-
"6. That from perusal of above noted schedule the Reporting Date/Time is 21.05.2025 at 10:00 A.M. and reporting place Delhi State Haj Committee, Haj Manzil, Turkman Gate, Asif Ali Road, New Delhi - 110006 and Flight Date 23.05.2025 Flight No. SV-3081.
7. That the Return Flight Date is 05.07.2025 Flight No. SV-3084. It is also stated that the Flight is Confirmed."
2. Learned counsel for the applicant submits that applicant will only attend the Haj pilgrimage and come back as per the schedule.
3. Learned A.G.A. for the State has no objection provided applicant adhered to travel schedule.
4. In view of aforesaid, the order dated 2.4.2025 passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, Moradabad in Session Trial No. 348/2024 (State Vs. Ida and others), Case Crime No. 423 of 2023, under Sections 147, 148, 452, 323, 354, 427, 504, 506 I.P.C. and 3(1)da, 3(1)ba, 3(2)5ka of S.C./S.T. Act, Police Station Katghar, District Moradabad is not sustainable and is hereby set aside.
5. The application is allowed.
6. Applicant - Jumma is permitted to travel as per above-mentioned schedule to Saudi Arabia for Haj pilgrimage provided he shall appear before the court concerned after coming back from Saudi Arabia on or before 11.7.2025. The applicant shall submit additional bail bonds before the court concerned to the tune of Rs. 1,00,000/-. The said bail bonds shall stand released when the applicant will return back from Haj pilgrimage.
7. Copy of this order shall be provided today to learned counsel for the applicant on payment of usual charges.
Order Date :- 5.5.2025 VMA