Allahabad High Court
Shadab vs State Of U.P. Thru.Secy. Home Lko. on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51255
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 574 of 2023
Applicant :- Shadab
Opposite Party :- State Of U.P. Thru.Secy. Home Lko.
Counsel for Applicant :- Narendra Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Narendra Gupta, learned counsel for the applicant, Sri Jai Prakash, the learned AGA for the State and perused the records.
2. On 02.03.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order:-
?The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.431 of 2022 under sections 147, 148, 342, 307, 308, 324, 323 I.P.C., P.S. Hargaon, district Sitapur.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Learned counsel for the applicant submits that the applicant has been named in the first information report, however, role assigned to the applicant is similar to the role assigned to Saddik Khan alias Sikhdi and Ameen Khan. Both the co-accused have been granted interim protection by this Court vide orders dated 21.2.2023 and 16.2.2023 passed in Anticipatory Bails No.355 of 2023 and 379 of 2023 respectively.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He prays for and is allowed fifteen days' time to file objections/counter affidavit.
List on 10.4.2023 and connect with Anticipatory Bail No.355 of 2023 (supra).
Considering the above aspects of the matter, perusal of the record, the fact that the applicant has not been assigned any specific role and the role assigned to the applicant is similar to that of Saddik Khan alias Sikhdi and Ameen Khan as also the fact that the applicant has no criminal antecedent, investigation qua the applicant is pending, the applicant undertakes to cooperate in the investigation, as also 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 anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.?
3. Although a counter affidavit has been filed by the State, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
4. Learned counsel for the applicant has submitted that Criminal Misc. Anticipatory Bail Application U/S 438 Cr.PC. No. 1214 of 2023 filed by the accused Anees Khan has been allowed.
5. In view of the aforesaid circumstances, the interim order dated 02.03.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
