Mohammad Sami Ullah Kazmi v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10042 of 2023 Applicant :- Mohammad Sami Ullah Kazmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udayan Nandan,Sr. Advocate Counsel for Opposite Party :- G.A.,S.M. Iqbal Hasan Hon'ble Nalin Kumar Srivastava,J.

¶1Learned counsel for the informant has affirmed this fact that the rest amount valuing Rs. 3 lakhs has been paid to him by way of a demand draft and now nothing remains due to the present applicant. He has made no objection for grant of anticipatory bail to the present applicant in this scenario till submission of police report under Section 173(2) Cr.P.C. However, learned A.G.A. has opposed.

¶2It is submitted by learned counsel for the applicant that interim bail by way of interim anticipatory bail was granted to the applicant by this Court vide order dated 18.10.2022 but the said liberty has not been misused by the applicant rather on the other hand, he has paid the entire amount to the informant.

¶3In the factual scenario of this case, anticipatory bail is granted till submission of police report under Section 173(2) Cr.P.C. The applicant has cooperated during that period and has not misused the liberty. Till date no charge sheet has been filed and the investigation is still going on.

¶3In view of the above, the interim anticipatory bail earlier granted on 18.10.2022 by this Court is extended till filing of police report under Section 173(2) Cr.P.C. before the competent Court.

¶4The application is allowed.

¶5Parties may be at liberty to take any protection from the office of Sub-Registrar as per relevant rules. Order Date :- 22.11.2023 Shivangi High Court of Judicature at Allahabad