Allahabad High Court
Saeed Alam And Others vs State Of U.P. Thru. Prin. Secy. ... on 2 February, 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. - 249 of 2023
Applicant :- Saeed Alam, Noor Mohd. alias Chilau and Islam Ali (Three applicants)
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Alok Singh,Vijay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.55/2022 under sections 147, 148, 323, 504, 504, 308, 307 I.P.C. (later on converted under sections 34, 147, 148, 323, 325, 504, 506, 308 I.P.C.), P.S. Madeyganj, district Lucknow.
Heard learned counsel for the applicants and learned A.G.A. for the State who has opposed the bail.
Learned counsel for the applicants submits that the applicants and the coplainant both are residents of the same village. Relative of the applicants became Gram Pradhan andon the contrary, relative of the complainant has lost the election and owing to this enmity, the applicants have been falsely implicated. General role has been assigned in the statement of the injured persons. Charge sheet has been filed. The applicants have cooperated in the investigation and they further undertake cooperation in the trial. It is further submitted that the co-accused Shakir has been enlarged on bail vide order dated 23.11.2022 passed by Special Judge, CBI, Lucknow. The other co-accused Mohd. Alam and Rajjab have also been enlarged on bail vide order dated 13.12.2022 passed by Special Judge, CBI, Lucknow. Even the minor children namely Asad Alam and Suhaib Alam have been implicated. They have also been enlarged on bail by the Sessions Court vide order contained in Annexure NO.7.
Considering the fact that the co-accused have been enlarged on bail by the trial court, no specific role has been assigned to the present applicants, charge sheet has been filed and the applicants have cooperated in the investigation and they further undertake to cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the applicants are entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial.
In view of the above. the accused applicants are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. The accused applicants shall be released on bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicants shall not leave India without the previous permission of the court;
(iii)The applicants shall not pressurize/ intimidate the prosecution witness;
(iv)The applicants 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 applicants 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 anticipatory bail application is allowed.
Order Date :- 2.2.2023
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