Allahabad High Court
Guddu And Another vs State Of U.P. on 30 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3647 of 2022
Applicant :- Guddu And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- S. A. Khan
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned AGA for the State.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 35 of 2022, under sections 323, 504, 304, 506 I.P.C., Police Station -Ahraura, District- Mirzapur, during the pendency of investigation.
Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case. An scuffle took place between the parties, for which both the sides have submitted information to the police station, which was endorsed as NCR dated 24.01.2022. In the NCR lodged by informant, applicants were not named. After some time, son of informant died. Thereafter, present F.I.R. has been lodged implicating the applicants also with allegation of threatening on 01.02.2022 i.e. after the date of incident, which clearly shows that an attempt has been made to falsely implicate the applicants. Applicants have no criminal history. Therefore, applicants may be granted anticipatory bail.
Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants -Guddu & Md. Ishtaq @ Ishtiyaq involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50, 000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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; and
(3) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(5) 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.
(6) In case, the applicants misuse the liberty of bail, the 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.
(7) 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 them in accordance with law.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 30.5.2022/Sartaj
