The Allahabad High Court has granted anticipatory bail to four people allegedly involved in assault case with a policeman during investigation process. The court has also sought response from state and granted time period of three weeks to state to obtain instructions in this matter and file counter affidavit.
The single bench of Justice Siddharth while allowing the bail application filed by Waqqas Usmani and three other has ordered that,
“The applicants, Waqqas Usmani, Fahad Alim, Adil Suhail Zaidi and Asiful Haque, are directed to be enlarged on interim anticipatory bail in Case Crime No. 0818 of 2020 under Sections- 147, 148, 323, 504, 506 and 307 IPC, Police Station- Civil Lines, District Prayagraj, on their furnishing personal bonds of Rs. 50,000/- each and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the some conditions.”
The allegations in the FIR are that the applicants came in two vehicles and fired on the informant twice but luckily he was not injured. It has further been alleged that the informant was beaten by the applicants by legs, fists and arms till he got unconscious and fell on the ground. Thereafter, they eloped in their vehicles.
The counsel on behalf of applicants has submitted that it is a case of false implication. There is prior enmity between the Waqqas Usmani and the real brother of the informant. Brother of informant, Shakeel Ahmad Siddiqui has already filed a Criminal Complaint against the Waqqas Usmani, under Section 138 of Negotiable Instruments Act.
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On account of dispute regarding money the applicants have been falsely implicated in this case. The counsel on behalf of respondent has submitted that he has not received instructions in this case.
Notice was only served in the office of Government Advocate on 28.12.2020. The counsel has prayed before the court to grant sometime to obtain instructions in this case to assist the court.
The court while allowing the bail application and granting the prayed time period to respondent to file counter affidavit has listed the present matter on 21th January for next hearing.
Case details
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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9909 of 2020
Applicant :- Waqqas Usmani And 3 Others
Opposite Party :- State of U.P.
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Counsel for Applicant :- Somesh Khare
Counsel for Opposite Party :- G.A.
Bench: Justice Siddharth
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