IMRAN TURK @ IMRAN ALI AND 2 OTHERS v. State of UP AND ANOTHER
ABAIL/7659/2024 · 2025-03-19
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83553 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83553 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40756 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7659 of 2024 Applicant :- Imran Turk @ Imran Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.,Mohd Aadil Siddiqui Hon'ble Vivek Varma,J.
1. Heard Sri Rohit Shukla, counsel for the applicant; Mohd. Aadil Siddiqui, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. 2. On 30.9.2024, the Co-ordinate Bench of this Court had passed the following order :
"1. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Imran Turk @ Imran Ali, Alim @ Aleem Ahmad and Asif Saifi @ Mohd. Asif, in Criminal Case No. 3533 of 2019 arising out of Case Crime No. 864 of 2018, under sections 420, 406, 504, 506 I.P.C., Police Station Civil Lines, District Rampur. 2. Heard learned counsel for the applicants, learned counsel for the informant as well as learned AGA and perused the material available on record. 3. Learned counsel for the applicants submits that there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties. 4. In view of above submissions made by learned Counsel for the applicants, it is directed that the applicants shall deposit Rs. 10,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court. 5. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs. 5,000/- out of the aforementioned deposited amount shall be paid to opposite party no. 2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months. 6. List this case on 17.01.2025. 7. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. 8.
It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required."
3. Pursuant to the said order, the matter was referred to the Mediation and Conciliation Centre of this Court. As per the report of the Mediation and Conciliation Centre dated 05.02.2025 the parties have amicably settled their differences and arrived at a settlement. At present no dispute survives between the parties. The investigation has been completed. Charge sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Counsel for the informant does not dispute the submissions raised by the counsel for the applicant and submits that the informant has no objection if the applicant is granted anticipatory bail. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the parties have amicably settled their differences and arrived at a settlement. At present no dispute survives between the parties. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Imran Turk @ Imran Ali, Alim @ Aleem Ahmad and Asif Saifi @ Mohd.
Asif, involved in Criminal Case No.3533 of 2019, arising out of Case Crime No. 864 of 2018, under Sections 420, 406, 504, 506 I.P.C., Police Station Civil Lines, District- Rampur, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 20.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad