Allahabad High Court
Mohammad Uvaish And 2 Others vs State Of U.P.And Another on 13 July, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5219 of 2022
Applicant :- Mohammad Uvaish And 2 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Prashant Rai
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicants Mohammad Uvaish, Shamshad and Bilal with a prayer to release them on bail in complaint case no. 4676/2016 and now complaint case No. 1171/2016 , under Sections 452, 323, 354, 427 IPC, Police Station- Kotwali Nagar District- Saharanpur, during pendency of trial.
It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case. He further submitted that the civil suit is pending between the applicant and complainant and they are also relatives.Due to property dispute, false and frivolous F.I.R. has been lodged under Section 156 (3) Cr.P.C., which has been treated as complaint case. After recording the statement of the complainant under Section 200 Cr.P.C. and statement of the witnesses under Section 202 Cr.P.C. the trial court summoned the applicants. Learned counsel for the applicant submitted that neither the complainant was medically examined nor any independent witness has been examined in the present case. The applicant has no criminal history. He further submitted that no disclosed offence is made out against the applicant. 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 counsel for the opposite parties vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case as per the Constitution Bench judgement of the Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1. The future contingencies regarding anticipatory bail being granted to the applicants shall also be taken care of as per aforesaid judgement of the Apex Court.
In the event of arrest the applicants are arrested, they shall be released on anticipatory bail in the aforesaid case crime number 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 him in accordance with law.
The anticipatory bail application is disposed of accordingly.
Order Date :- 13.7.2022
Anuj Singh
