Allahabad High Court
Mohd. Iqbal And 2 Others vs State Of U.P. And Another on 23 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. - 4186 of 2022
Applicant :- Mohd. Iqbal And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anand Kumar Srivastava,Indra Bhan Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant nos.1 and 3 and Sri Madan Lal Srivastava, learned counsel for applicant no.3, Sri Sanjay Singh, learned A.G.A.-I appearing for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicants, (i) Mohd. Iqbal (ii) Mahmood Ali (iii) Jagjit Singh, with a prayer to release them on bail in Case Crime No.102 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station- Mirzapur, District- Saharanpur, during pendency of trial.
It is contended on behalf of the applicant 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.
Learned AGA 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 applicant is entitled to be released on anticipatory bail in this case.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.one lakh with the following conditions:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. 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;
3. The applicants shall file an undertaking to the effect that he 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 applicant.
4. In case, the applicants misuses 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 vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
5. 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 his bail and proceed against him in accordance with law.
Order Date :- 23.5.2022
Dev/-
