Allahabad High Court
Saddik Khan Alias Sikhdi vs State Of U.P. Thru. Secy. Home, ... 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. - 355 of 2023
Applicant :- Saddik Khan Alias Sikhdi
Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. 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 21.02.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order:-
?Heard learned counsel the applicant and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 431/2022, under Sections 147/148/342/307/308/324/323 I.P.C., P.S. Hargaon, District Sitapur.
In the prosecution case, it is alleged that while the informant along with others was returned from P.S. Hargaon after giving 'gyapan', the co-accused persons namely Gufran, Usman and others attacked the informant with country made pistol and Banka with intention to kill him in which the informant and one Govind Singh became injured.
Learned counsel for the applicant submits that the applicant is not named in the first information report. He is having no criminal antecedents. In the statement under Section 161 Cr.P.C., the informant has not named the applicant. Injured Govind Singh as well as Anurag Vikram Singh in their statement have also not taken name of the applicant. Name of the accused applicant has surfaced after 46 days of the alleged incident in the statements of Rajesh Singh, Ajay Pal Singh, Hem Kumar Mishra and Satendra Pratap Singh.
Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents and he undertakes to cooperate in the investigation.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit/objections.
List on 24.03.2023 and connect with Anticipatory Bail No.379 of 2023 Ameen Khan versus State of U.P. and another.
Considering the above aspect of the matter, perusal of the record as well as the fact that the co-accused Ameen Khan has already been given interim protection by this court vide order dated 16.2.2023 passed in Anticipatory Bail No.379 of 2023 Ameen Khan versus State of U.P. and another, the applicant is not named in the first information report nor he is named in the statements of the injured, he has no criminal antecedents; the applicant undertakes to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, 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 enlarged 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 witness. The accused-applicant 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 in connected Criminal Misc. Anticipatory Bail Application No. 574 of 2023, 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 21.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
