Allahabad High Court
Sayyad Safdar Ali And Anr. vs State Of U.P. And Anr. on 25 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. - 13254 of 2021
Applicant :- Sayyad Safdar Ali And Sayyad Ishtikhar alias Tikkhar
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Satyendra Nath Mishra,Piyush Pandey
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.0075 of 2021, under Sections 323, 406, 504, 506, 419, 420 IPC at Police Station- Dhammaur, District-S ultanpur during pendency of trial.
Heard learned counsel for the applicants and learned A.G.A. for the State who has opposed the bail.
Gist of the issue involved in the present anticipatory bail application is given in order dated 18.11.2021, which is extracted below :
"The present Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C. seeking anticipatory bail in Case Crime No. 0075 of 2021, under Sections 323, 406, 504, 506, 419, 420 IPC at Police Station-Dhammaur, District-Sultanpur during pendency of trial.
It has been argued by the counsel for the applicants that from the FIR version, no offence under Sections 406, 419 and 420 IPC is made out against the applicant. It has been further argued that the applicants are innocent and have been falsely implicated in the present case. It has been argued that there is no allegation that the applicants, during the investigation, had either tampered with the evidence or pressurized any witness in the case. It has been stated that charge-sheet has already been submitted in the aforesaid case and, therefore, no custodial interrogation is required.
The Additional Government Advocate has opposed the application. The Additional Government Advocate may file his counter affidavit/objection within three weeks from today.
Considering the circumstances of the case, it would be appropriate that the applicants be given interim interim protection till the next date of listing.
In view of above, it is provided that in case of arrest of the applicants - Sayyad Safdar Ali and Sayyad Ishtikhar in the above mentioned case, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:-
(1) 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;
(2) The applicants shall not leave the District concerned without the previous permission of the Court;
(3) The applicants shall remain present, in person, before the trial court on the dates fixed in the case.
List on 20.12.2021. "
Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, 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 his cooperation in the trial.
In view of the above. the accused applicants are directed to surrender before trial court if they are is 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 applicant 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 :- 25.1.2023/kkb/
