Allahabad High Court
Fareed Khan And Anr. vs State Of U.P.Thru Prin.Secy. Home ... on 8 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. - 14268 of 2021
Applicant :- Fareed Khan And Anr.
Opposite Party :- State Of U.P.Thru Prin.Secy. Home Lko And Anr.
Counsel for Applicant :- Manoj Kumar Singh,Ravindra Gupta
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karunesh Singh Pawar,J.
The present anticipatory bail application has been filed under Section 438 Cr.P.C. by the applicants apprehending their arrest in Case Crime No.265 of 2021 under Section 323, 504, 506, 452 I.P.C., Police Station Fakharpur, District Bahraich.
Heard learned Counsel for the applicants and learned A.G.A. for the State/respondent as well as perused the record.
This Court vide order dated 8.12.2021 while granting interim protection to the applicants have passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in F.I.R. No. 265/2021, under Sections 323/504/506/452 Indian Penal Code, Police Station Fakharpur, District Bahraich, with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicant submits that in the F.I.R. general role of assault has been levelled of all the accused persons assaulting the injured with lathi, danda, fist and kicks. All four injured have received simple injuries. No specific role has been assigned to the applicants. An NCR was also registered by the applicants' side in which order for investigation has been passed under Section 155(2) Cr.P.C. The applicants have no criminal history.
Learned counsel for the applicant undertakes that they will cooperated in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants, as an interim measure, may be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicants Fareed Khan and Ibrahim shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 25000/- each and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the petitioner shall make himself available for interrogation as and when required;
(ii) the petitioner 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 to any police officer; and
(iii) the petitioner shall not leave India without the previous permission of the Court.
Learned A.G.A. prays for and is granted two weeks time to file counter affidavit.
List on 06.01.2022."
Learned counsel for the applicants submits that charge-sheet has been filed in the matter. The applicants have cooperated in the investigation. The applicants have not misused the liberty granted by this Court. The applicants have no criminal antecedents. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial.
Learned A.G.A. though has opposed the prayer for bail, however, could not dispute the fact that there are general allegations on all the accused persons and N.C.R. was registered by the applicants' side against the complainant.
On due consideration to the facts that the applicants have no criminal antecedents; he has cooperated in the investigation; they have undertaken to cooperate in the trial; general allegations have been leveled on the accused persons, it would be expedient in the interest of justice that the liberty of the applicants may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicants shall be released on anticipatory bail in the aforesaid F.I.R. number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court with the following conditions:-
1. that the applicants shall not leave India without the previous permission of the court;
2. that the applicants shall not pressurize/ intimidate the prosecution witness;
3. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
4. that 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 trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.
Order Date :- 8.2.2023
Madhu
