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Yusuf Khan v. State Of U.p

Yusuf Khan v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5569 of 2022 | 30-08-2022

Suresh Kumar Gupta, J.

1. Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.

2. The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Case Crime No. 68 of 2022, under Sections420/447/467/468 IPC & Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984, Police Station- Kadaura, District- Jalaun.

3. It is contended on behalf of the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per allegation in the FIR, the applicant sold Khalihan i.e. Gaon Sabha land to some person. But the applicant never executed any sale deed in favour of Shivpal and Savitri Devi and he has no concern with the same. Thus, no offence is made out against the applicant.

4. The counsel for the applicant further submits that the applicant has no criminal antecedents and he is ready to cooperate in the investigation. The applicant undertakes that if he is granted anticipatory bail, he shall not misuse the liberty of the same.

5. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the above facts.

6. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicant has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

7. In the event of arrest, the applicant- Yusuf Khan involved in the aforesaid crime 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 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 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.

8. 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.

9. 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.

10. 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.

11. In view of the aforesaid terms, the application is disposed of.

Advocate List
  • Hans Pratap Singh,Syed Ali Imam

  • G.A.

Bench
  • Hon'ble Justice Suresh Kumar Gupta
Eq Citations
  • LQ
  • LQ/AllHC/2022/15348
Head Note

Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Entitlement to — Anticipatory bail granted to applicant-accused, who was apprehending his arrest in connection with case under Ss. 420/447/467/468 IPC & S. 3(2)(e) of Prevention of Damage to Public Property Act, 1984 — Anticipatory bail granted, considering nature of accusation and fact that applicant had no criminal antecedents — Conditions imposed — Prevention of Damage to Public Property Act, 1984, S. 3(2)(e)