Allahabad High Court
Arman Khan vs State Of U.P. Thru. Prin. Secy. ... on 26 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 787 of 2022
Applicant :- Arman Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
Counsel for Applicant :- Dilip Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Dilip Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.115 of 2020, under Sections 307, 504, 506 and 323 IPC, Police Station Aashpur Devsara, District Pratapgarh, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has submitted that co-accused person, Barkatun Nisha, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 04.04.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.460 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There is no criminal history of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Matter requires consideration.
Learned AGA is granted two weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 26.07.2022 in the additional cause list.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant- Arman Khan shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(ii) 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 him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 26.5.2022
Ravi Kant
