HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1507 of 2020
Applicant :- Tarique Raza
Opposite Party :- State of U.P.
Counsel for Applicant :- Zafar Abbas
Counsel for Opposite Party :- G.A.
Hon’ble Suneet Kumar,J.
Heard Sri Zafar Abbas, learned counsel for the applicant, as well as, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Criminal Case No. 1517 of 2019, arising out of Case crime No. 42 of 2018, under section 406 I.P.C., Police Station-Katghar, District Moradabad, during the pendency of investigation.
It is urged by learned counsel for the applicant that there is no direct allegation against the applicant; applicant is not the prime accused. It is alleged that co-accused Adil and the applicant are the same person; custodial interrogation is not required at this stage. He has no criminal history. If he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Tarique Raza, involved in the aforesaid case, he shall be released on anticipatory bail on his 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 will join and participate in each and every aspect of “Investigation” and will lend full assistance to the Investigating Agency even with regard to “discovery of fact” if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 13.2.2020