Allahabad High Court
Iftikhan @ Mohammad Iftikhir vs State Of U.P. And 3 Others on 19 July, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:143447
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8054 of 2023
Applicant :- Iftikhan @ Mohammad Iftikhir
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Mohammad Shariq
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. As informed by the learned A.G.A., notice to the informant has been served on 2.6.2023, however, no one is present on his behalf.
3. Heard Sri Mohammad Shariq, learned counsel for the applicant and Sri Satya Prakash Pandey, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.998 of 2015, registered under Sections 363, 366, 368, 376, 120-B IPC and 3/4 POCSO Act, at Police Station- Loni, District Ghaziabad with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, the co-accused person Arshad in collusion with the applicant and other accused persons is stated to have enticed away the minor daughter of the informant on 15.7.2015 at about 04:30 a.m. The victim is stated to have taken away two mobile phones and Rs.15000/- alongwith her.
6. Learned counsel for the applicant has stated that the victim is a consenting party as is evident from the FIR itself as she had taken away cash and two mobile phones from her house. Learned counsel has further stated that the victim had gone away with co-accused person Arshad and had married him as is evident from her statement recorded under Section 164 Cr.P.C., wherein the victim has not whispered a single word against the applicant. The applicant had challenged the aforesaid proceedings by filing Application U/S 482 Cr.P.C. No.36240 of 2015, which has been dismissed as not pressed vide order dated 7.7.2023 of this Court. 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. The applicant has apprehension of his arrest. 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.
7. 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.
8. 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 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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Iftikhan @ Mohammad Iftikhir be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 19.7.2023/ Vikas
