Allahabad High Court
Riyaj Ahamad And 6 Others vs State Of U.P. Thru.Prin.Secy. ... on 19 January, 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. - 127 of 2023
Applicant :- Riyaj Ahamad And 6 Others
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
Counsel for Applicant :- Jitendra Prakash Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.377/2021 under sections 147, 148, 452, 323, 325 I.P.C., P.S. Phoolbehar, district Lakhimpur Kheri.
Heard learned counsel for the applicants and learned A.G.A. for the State. Notice to respondent No.2 is dispensed with.
It is submitted on behalf of the applicants that the dispute is purely civil in nature. already, a civil suit for permanent injunction regarding the land in question is pending before the Civil Judge (Junior Division), Lakhimpur Kheri. The first information report has been lodged on the direction by trial court on an application under section 156 (3) CrPC. There is one injured who has sustained simple injury.
It is next submitted that the applicants have cooperated in the investigation. Charge sheet has been filed. He undertakes that the applicants shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicants' counsel. It is submitted that the applicants have criminal history and on this ground, the bail application of the applicants has been rejected by the Sessions Judge.
In rebuttal, learned counsel for the applicants submits that the applicants have no criminal history except applicant No.3 in one case. In that case too, the said applicant has been acquitted.
Without expressing any opinion on the merits of the case and considering the nature of accusation, they have cooperated in the investigation and the undertaking given on behalf of the applicants that they shall cooperate in the trial and gravity of offence, civil suit is pending between the parties, 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 as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicants Riyaj Ahamad, Mobin alias Moveen Khan, Nannhe alias Nannhe Khan, Samim alias Guddu, Munna alias Munna Khan, Farooq Khan and Amin 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 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 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 :- 19.1.2023
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