Allahabad High Court
Muin Khan vs State Of U.P. Thru. Prin. Secy. ... on 28 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 541 of 2023
Applicant :- Muin Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Rajesh Kumar Awasthi,Priyanka Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No. 603 of 2019 under Section 147, 148, 149, 323, 308 I.P.C. Police Station Kaisarganj, District Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This Court vide order dated 28.02.2023 has passed the following order while granting interim protection to the applicant:-
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 603 of 2019 under Section 147, 148, 149, 323, 308 I.P.C. Police Station Kaisarganj, District Bahraich.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
Learned Counsel for the applicant submits that in the First Information Report specific role of causing assault by a sharp weapon has been assigned to the co-accused Moin Khan and Mohd. Umar Khan by the informant however, while making improvement in the statement of Rizwan general role has been assigned to ten persons, five named and five un-named. The applicant has not been assigned any specific role. There are two injured. Laeiq Khan has received two simple injuries whereas injured Rizwan has received three injuries. It has been submitted that all the injuries are simple in nature except injury no.1. The applicant has no criminal antecedent. Charge-sheet has been filed. The applicant undertakes to cooperate in the trial.
Issue notice to respondent No. 2 returnable at an early date.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file Objection/counter affidavit.
List on 06.04.2023.
On due consideration to the arguments advanced; perusal of the record; and considering the fact that general role has been assigned to the applicant; applicant has no criminal antecedent; charge-sheet has been filed and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial.
(2) The applicant will not influence the witnesses.
(3) The applicant shall not leave India without previous permission of the Court.
In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
Such other reasonable conditions which the learned trial court may deem fit may be imposed."
Learned counsel for the applicant submits that charge sheet has been filed in the case; the applicant has cooperated in the investigation and he has not misused the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history.
On due consideration to the submissions advanced, perusal of the record so also the fact general role has been assigned; charge sheet has been filed in the case; the applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is allowed.
Order Date :- 28.4.2023
R.C.
