Allahabad High Court
Shahnawaj Khan And 3 Others vs State Of U.P. And Another on 16 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1695 of 2022
Applicant :- Shahnawaj Khan And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anurag Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Abhinav Prasad, learned Brief Holder for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicants - (1) Shahnawaj Khan, (2) Abdul Karim, (3) Mohd. Imran Khan and (4) Mohd. Shoeb Khan with a prayer to release them on bail in Case Crime No. 18 of 2022, under Sections 323, 504, 506, 427, 452, 354-B IPC, Police Station- Nizamabad, District- Azamgarh, 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. They did not commit any offence as alleged. It is further submitted that they have been implicated in the present due to ulterior motive. The applicants have no criminal antecedent. It is next contended that it is a cross case and there is no evidence regarding involvement of the applicants, however, the Investigating Officer without collecting relevant material submitted the chargesheet which has no basis. 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 :- 16.5.2022
DS
