Allahabad High Court
Tayyab Khan vs State Of U.P. Thru. Prin. Secy. ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47332
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 614 of 2023
Applicant :- Tayyab Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Civil Sectt Lko. And Another
Counsel for Applicant :- Rajesh Kumar Awasthi,Priyanka Yadav
Counsel for Opposite Party :- G.A.,Anuj Dayal
Hon'ble Subhash Vidyarthi,J.
On 03.03.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.603/2019 under sections 147, 148, 149, 323, 308 I.P.C., P.S. Kaisarganj, district Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted on behalf of the applicant that in the prosecution case, role of assault has been levelled on five named and five unknown persons. There are two injured and both have suffered total three injuries. Role assigned for causing injury in the first information report is on Mohammad Umar Khan and Muneem Khan. No specific role has been assigned to the applicant.
It is next submitted that the co-accused Mueen Khan has been granted interim protection by this court vide order dated 28.2.2023 passed in anticipatory bail No.541 of 2023. It is submitted that the role of the applicant is akin to that of the co-accused.
It is further submitted that the main accused persons Mohammad Umar Khan and Muneem Khan have been enlarged on regular bail vide orders which are on record (Annexures 13 and 14).
He further submits that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel. Fifteen days' time is allowed to file objections.
Issue notice to respondent No.2.
List on 11.4.2023.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents,general role has been assigned to the applicant, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory 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 as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his 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 applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant 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 applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
The State has filed a counter affidavit.
The learned counsel for the applicant has filed a rejoinder affidavit today in the court, which is taken on record. He has also submitted that the bail bonds have also been furnished.
Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
In view of above, the interim order dated 03.03.2023 is made absolute and the anticipatory bail application is allowed.
.
(Subhash Vidyarthi, J.)
Order Date :- 19.7.2023
Ram.
