Allahabad High Court
Mohd. Zuber And Another vs State Of U.P. on 3 August, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155496
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8705 of 2023
Applicant :- Mohd. Zuber And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rana
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicants as well as the learned A.G.A. for the State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicants -Mohd. Zuber and Mohd. Zunad in Case Crime No.128 of 2023, registered under Sections 323, 504, 506 and 308 IPC at Police Station- Heempur Deepa, District Bijnor with a prayer to enlarge them on anticipatory bail.
3. As per prosecution story, the applicants alongwith two other co-accused persons are stated to have assaulted the brother of the informant armed with lathi, danda and bricks, thereby causing injuries to him.
4. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The injury report indicates that the injuries are simple in nature. The case has been inflated by the informant. Learned counsel has further stated that the matter has been settled between the parties once for all. There are general allegations in the FIR. There are no criminal antecedents of the applicants. The applicants have apprehension of their arrest. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants further submits that the applicants are cooperating 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. Lastly, it is submitted that the co-accused having identical role have been granted anticipatory bail by this Court on 2.8.2023 vide Criminal Misc. Anticipatory Bail Application No. 8645 of 2023.
5. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
6. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants and also the fact that the alleged offences are punishable with the imprisonment for a maximum period of seven years, the applicants are 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" till submission of police report under Section 173(2) CrPC before the competent court. The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. The anticipatory bail application is allowed accordingly.
8. In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned with the following conditions :-
1. The applicants shall make themselves available for interrogation by a police officer as and when required.
2. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
3. The applicants shall not pressurize/ intimidate the prosecution witness.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
9. In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of applicants in accordance with law.
Order Date :- 3.8.2023
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