Allahabad High Court
Km. Mirajun And Another vs State Of U.P. And Another on 21 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9793 of 2021
Applicant :- Km. Mirajun And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shahroze Khan,Safiullah
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Shahroze Khan, learned counsel for the applicants-Km. Mirajun and Km. Sirajun.
2. This anticipatory bail application has been filed being aggrieved of lodging of FIR registering Case Crime No.0059 of 2021 at Police Station-Siddharth Nagar, District-Siddharth Nagar, under Sections 147, 304, 323, 336, 504, 506 IPC. It is submitted that applicant has approached this Court when charges under Section 304 IPC were enhanced vide order dated 13.03.2021, and when second wave of Covid-19 pandemic was on its peak. Therefore, applicants have been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and another; 2020 (3) ADJ 165 (F.B.), by directly approaching this Court.
3. It is submitted that there are omnibus allegations against the present applicants-Km Mirajun and Km. Sirajun, inasmuch as, whole family of the applicants have been falsely implicated and six of their male family members are already in custody. It is submitted that there is no specific allegation against the present applicants and in fact they are innocent. It is further submitted that applicants are of tender age, aged respectively about 18-19 years and, therefore, they being not involved and falsely implicated, benefit of anticipatory bail may be extended in their favour.
4. Learned AGA submits that there is no criminal history of the present applicants.
5. Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of their fleeing from process of justice delivery, this Court is of the view that applicants are entitled for anticipatory bail.
6. Accordingly, let applicants-Km. Mirajun and Km. Sirajun implicated in Case Crime No.0059 of 2021 at Police Station-Siddharth Nagar, District-Siddharth Nagar, under Sections 147, 304, 323, 336, 504, 506 IPC be released on anticipatory bail on their 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 with the following conditions:-
(i) The applicants shall make themselves available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(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 them from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the Court.
(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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 21.6.2021
Ashutosh
