The Allahabad High Court has granted conditional anticipatory bail to Islam Mohammad of Kaptanganj, Azamgarh, accused of stealing three kattas of wheat.
A Single Bench of Justice Nand Prabha Shukla passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Islam Muhammad.
The anticipatory bail application has been moved seeking anticipatory bail in Case under Sections 457, 380 and 120-B of IPC, Police Station-Kaptanganj, District Azamgarh.
It has been contended by the counsel for the applicant that the applicant is innocent and has falsely been implicated in the case.
The only allegation as per the First Information Report is that he had stolen three kattas of wheat from the premises of the first informant, however, nothing incriminating has been recovered from the possession of the accused applicant. There is no criminal history against the applicant.
It was further submitted that the applicant has approached the Court after getting his anticipatory bail rejected from the Court of Sessions vide order dated 31.05.2023. Investigation is going on and the applicant is under apprehension of imminent arrest. Applicants shall fully cooperate in the investigation.
The A.G.A. opposed the prayer as aforesaid.
“On considering the facts and circumstances of the case, submissions made by the counsel for the applicant as well as A.G.A, perusal of record and without making any further comment on the merits of the case, the applicant is entitled to be released on anticipatory bail in the case for the limited period considering the exception considered by the Supreme Court in the case of Sushila Agrawal Vs State (NCT of Delhi)- 2020 SCC Online SC 98”, the Court observed.
The Court ordered that,
In the event of arrest of the applicant-Islam Muhammad shall be released on anticipatory bail till the submission of police report under Section 173 (2) CrPC, on furnishing a personal bond of Rs 25,000/- with two sureties each to 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 office 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 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 a 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 an appropriate application for cancellation of anticipatory bail granted to the applicant.