Azad @ Shampu @ Mohd Azad Khan And ... vs State Of U.P.And 3 Others
2023 Latest Caselaw 12898 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4324 of 2023
 

 
Applicant :- Azad @ Shampu @ Mohd Azad Khan And Another
 
Opposite Party :- State Of U.P.And 3 Others
 
Counsel for Applicant :- Sitaram Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Sitaram Yadav, learned counsel for the applicants and Sri Ram Mohit Yadav, learned A.G.A. for the State as well as perused the record.

3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.1667 of 2016, registered under Sections 363, 366(a), 504, 506, 368 I.P.C. and 16/17 POCSO Act, at Police Station Kotwali, District Mau with a prayer to enlarge them on anticipatory bail.

4. As per prosecution story, the applicants along with other co-accused persons are stated to have enticed away the minor daughter of the informant on 30.8.2016.

5. Learned counsel for the applicants has stated that they have been falsely implicated in this case. The victim was a consenting party and had gone on her own with the brother of the applicants Mohd. Irshad Khan and had married him as per Muslim rites after conversion. Learned counsel has stated that the victim had come to this Court and had filed Criminal Misc. Writ Petition No.20874 of 2016, whereby the protection was granted to her and co-accused person Mohd. Irshad Khan. Later on, the victim after legal consultations has deposed against the applicants and other co-accused persons.

6. Learned counsel for the applicants has further stated that the applicants do not have any role in the commissioning of offence and they have been implicated owing to the reason that they are brothers of main co-accused person Mohd. Irshad. Learned counsel has stated that the applicants and others have filed Application U/s 482 Cr.P.C. No.43421 of 2019 before this Court and interim protection was granted to them, but the said application has been dismissed on 23.2.2023 as illness slip was moved by the counsel of the applicants and none of the five counsels of applicants had appeared there. Learned counsel has stated that the case of the applicants is at different footing to main co-accused person Irshad Khan. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that the applicant no.1 has criminal history two cases, which has not been explained by him. Learned A.G.A. has stated that the applicants had agitated the provisions of Section 482 of Cr.P.C. and have failed in it. The present anticipatory bail application is not maintainable in the light of the settled law of this Court in the case of Shivam vs. State of U.P. and Another reported in AirOnline 2021 All 484.

8. After hearing learned counsels for the parties and taking into consideration the fact that applicants have failed in the petition filed under Section 482 Cr.P.C. and already the charge-sheet has been filed and applicant no.1 has criminal history of two cases and also in the light of judgment of this Court passed in Shivam (supra), I do not find it a fit case to grant anticipatory bail to the applicants.

9. The present anticipatory bail application is hereby found devoid of merits and is, accordingly, rejected.

[Krishan Pahal, J.]

Order Date :- 26.4.2023

Vikas