Allahabad High Court
Abrar Khan vs State Of U.P. on 14 February, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1672 of 2023
Applicant :- Abrar Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Azhar Hussain, learned counsel for the applicant and Sri K.P. Pathak, 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 applicant in criminal case no. 1445 of 2022 arising out of Case Crime No. 708 of 2020, under Sections 498A, 323, 354, 354(B), 504 & 376 IPC, Police Station- Tajganj, District Agra with a prayer to enlarge him on anticipatory bail.
The first information report was lodged against the entire family member of the applicant due to matrimonial discord between the applicant's brother and his wife.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case in order to exert pressure upon the entire family member of the applicant. Applicant is the devar of the informant. Prior to coming of the charge sheet the applicant had approached this Court by way of filing Criminal Misc. Anticipatory Bail Application No. 7797 of 2021 and the Court was pleased to enlarge him on Anticipatory bail till the submission of police report u/s 173(2) Cr.P.C. vide order dated 15.03.2021. After submission of charge sheet the applicant has moved anticipatory bail application before the court below and the learned court below has rejected the same vide order dated 19.12.2022. The applicant has no criminal history. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to 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". 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 view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Abrar Khan be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that the applicant 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 or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 14.2.2023
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