Faisal Mustafa vs State Of U.P.
2022 Latest Caselaw 5132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16689 of 2021
 

 
Applicant :- Faisal Mustafa
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Salil Kumar Rai,J. 

Heard the counsel for the applicants and the learned Additional Government Advocate, representing the State.

The present Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C. seeking bail in Case Crime No. 186 of 2020, registered under Sections 147, 148, 149, 307, 336, 427, 323, 504 and 506 I.P.C., at Police Station-Civil Lines, District-Aligarh during the pendency of trial.

It has been argued by counsel for the applicant that the other co-accused namely Rizwan @ Gatwa, Suhail Hussain, Mohammad Anas and Ashraf @ Jiya ur Rehman in the case have already been granted bail by this Court vide its orders dated 9.12.2021, 21.10.2021, 19.1.2021, 1.12.2020 passed in Criminal Misc. Anticipatory Bail Application Nos. 19118 of 2021, 16693 of 2021, 815 of 2021 and 8373 of 2020. It is also contended by learned counsel for applicant that case of the applicant is on identical footing as the other co-accused in the case.

The Additional Government Advocate has opposed the bail application and has filed the counter affidavit and relevant records.

Having heard the submission of the counsel and after perusing the records and also after considering the nature of evidence, the applicant is found entitled to anticipatory bail.

In view of above, it is provided that in case of arrest of the applicant- Faisal Mustafa in the above mentioned case, he shall be released on anticipatory bail on his furnishing of personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned subject to the following conditions:-

(1) The applicant 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;

(2) The applicant shall not leave the District concerned without the previous permission of the Court;

(3) The applicant shall remain present, in person, before the trial court on the dates fixed in the case.

It is further clarified that the observations made in this order are strictly confined to the disposal of the present bail application and must not be construed to have any reflection on the ultimate merits of the case.

The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the judgment of the Apex Court in Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

With the aforesaid observations and directions, the present Application is finally disposed of.

Order Date :- 10.6.2022

Anurag/-