Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8941 of 2021 Applicant :- Rashid Quraishi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Dwivedi,Mohit Gautam,Rahul Gaur Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant, Rashid Quraishi ,with a prayer to release him on bail in Case Crime No. 0115 of 2021, under Sections- 429, 307 I.P.C. and Section 7 of Criminal Law (Amendment) Act, 1932, Police Station- Faridpur, District- Bareilly, during pendency of trial.
There is allegation that the applicant has been falsely implicated in this case on the ground of attempt to open fire on police party. Learned counsel for the applicant has submitted that two co-accused persons namely, Nasir @ Pappu and Irshad, named the applicant, but no recovery has been made from him. Learned counsel for the applicant has further submitted that the applicant has criminal history of five cases, which are explained in paragraph 12 of the affidavit accompanying the application.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also the threat of infection of Novel Corona Virus, he deserves to be enlarged on anticipatory bail for a period of 90 days or till the cognizance is taken by the Magistrate on the police report submitted u/s 173 (2) Cr.P.C. before the competent Court, whichever is earlier, on 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 Court, subject to the following conditions :-
(i) The applicant shall make himself available for interrogation by the 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 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 12.5.2021 Shalini