Allahabad High Court
Safik Khan And 2 Others vs State Of U.P. on 31 August, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6524 of 2022
Applicant :- Safik Khan And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Mashaluddin Shah
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The instant application has been moved by the applicant for grant of anticipatory bail, in Case Crime No.794 of 2019, under Sections 147, 148, 149, 307, 395, 323, 332, 353, 427, 336, 188 I.P.C. & 7 of the Criminal Law Amendment Act & 3/4 of the Prevention of Public Property Act, Police Station Rasulpur, District Firozabad with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.
Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution. Co-accused-Nazim @ Kubda having similar role has been granted anticipatory bail by this Court on 19.5.2022 in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3880 of 2022, therefore, learned counsel for the applicant claims parity. Hence, the applicants may be enlarged on anticipatory bail till conclusion of trial and they are ready to cooperate with the trial. If the applicants are granted anticipatory bail, they will never misuse the same. Learned counsel for the applicants has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
Learned A.G.A. vehemently opposed the prayer for bail.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
In the event of arrest the applicants-Safik Khan, Danish @ Sabir Khan and Asif @ Arman are arrested, they shall be released on anticipatory bail in the aforesaid case for the aforesaid offences on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passports, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
3. That 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;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the Trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
The anticipatory bail application is allowed.
Order Date :- 31.8.2022 / Anuj Singh
