Allahabad High Court grants anticipatory bail to 4 men involved in case of firing and assault

The Allahabad High Court has granted anticipatory bail to two advocates Fahad Alim and Adil Suhail Zaidi along with two others, Waqas Usmani and Asiful Haq, allegedly involved in a case of firing and assault on the informant. 

The Court has sought the response of State Government and directed it to file counter-affidavit within three weeks. The Court put up this matter for hearing on January 21, 2021, and directed the release of petitioners on interim anticipatory bail till then in the event of their arrest. 

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. 

A single bench of Justice Siddharth passed this order while hearing the anticipatory bail application filed by Waqqas Usmani and three others.

The Counsel for the applicants submitted that it is a case of false implication. There is prior enmity between the applicant no. 1 and the real brother of the informant. The brother of the informant, Shakeel Ahmad Siddiqui, has already filed a Criminal Complaint No. 1880 of 2019 against the applicant no. 1, under Section 138 of Negotiable Instruments Act. On account of dispute regarding money the applicants have been falsely implicated in this case. The applicant no. 2 and 3 are practising advocates of this Court and applicant no 4 is the clerk of applicant no 2. Even the Complainant is a practising advocate of this court. 

The Court has issued a notice making the complainant a party. The Court directed, “In case of their arrest, the applicants, Waqqas Usmani, Fahad Alim, Adil Suhail Zaidi and Asiful Haque, are directed to be enlarged on interim anticipatory bail in Case 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 following conditions:‐

(i) The applicants shall make themselves available for interrogation by the police officer as and when required.

(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 or to any police office.

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the SSP/SP concerned.

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