Allahabad High Court
Bhura @ Afsar Ali vs State Of U.P. And Another on 27 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3945 of 2023
Applicant :- Bhura @ Afsar Ali
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Subedar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Lal Chandra Mishra, Advocate holding brief of Sri Subedar Mishra, learned counsel for the applicant and Sri Rohit Dubey, 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 applicant in Case Crime No.40 of 2023, registered under Sections 420, 467, 468, 471 I.P.C. and 66-D of IT Act, at Police Station Fatehganj West, District Bareilly with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, on the information of squealer the police is stated to have intercepted a Swift Car No. UP 25 AA 7174 in which six persons are stated to have been traveling at that time on 5.2.2023. Three accused persons, namely, Sajid Khan, Moin Khan and Mohd. Rashid Khan, were arrested by the police at the spot and the applicant and other co-accused persons are stated to have run away from the place of arrest of co-accused persons. The information was that all the accused persons are involved in cyber crime.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. There is nothing on record to suggest that applicant has ever committed any crime whatsoever. The name of applicant has come up in the statement of arrested co-accused persons, which is not admissible under the Indian Evidence Act. There is no evidence whatsoever against the applicant. The applicant has no criminal history to his credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
7. 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 is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Bhura @ Afsar Ali be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 27.4.2023
Vikas
