Allahabad High Court
Parvez Alam vs State Of U.P. on 23 October, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44325 of 2019 Applicant :- Parvez Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Kumar Singh, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking bail in Case Crime No.250 of 2018 under sections 7/13 (2) and 8 (1) Prevention of Corruption Act , Police Station Mirzamurad, District Varanasi, during the pendency of investigation.
It is argued by the learned counsel for the applicant that there is no role assigned to the accused-applicant in the FIR. As per FIR, the main accused is Constable Asfaq Haidar Ali, who was demanding a sum of Rs.Two lacs fifty thousand for releasing the animals from a person who was indulging in illegal transportation of the animals. An audio clipping of that statement had gone viral. It is submitted that the applicant is owner of the animals and he is not involved in this case in any manner. The main accused Asfaq Haidar Ali has already been granted bail by the Coordinate Bench vide order dated 12.11.2018 in Crl. Misc. Bail Application No.42500 of 2018 (Asfaq Haider Ali vs. State of U.P. ), copy of which has been produced same is taken on record. It is further argued that one Santosh Yadav who said to be mediator in this deal, has also been granted bail by Coordinate Bench vide order dated 14.3.2019 passed in Crl. Misc. Bail Application No10988 of 2019, copy of which has been produced and the same is taken on record. There is no criminal history. In case the applicant is released on anticipatory bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Looking to the fact that co-accused have already been granted stay against their arrest till submission of police report under section 173 (2) Cr.P.C. and the case of the present applicant is at par with the case of the co-accused, without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Parvez Alam involved in Case Crime No. 250 of 2018 under sections 7/13 (2) and 8 (1) Prevention of Corruption Act, Police Station Mirzamurad, District Varanasi shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- 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 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 officer;
(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 shall be 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 prejudiced 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 certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 23.10.2019 AU