Allahabad High Court
Mohammad Iqbal Khan vs State Of U.P. Thru. Prin. Secy. ... on 25 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49625
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 993 of 2023
Applicant :- Mohammad Iqbal Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Abhishek Singh,Anoop Kumar Mishra,Kunwar Prithvi Tomar
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
On 27.04.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"Heard learned counsel the applicant and learned A.G.A. for the State.
Learned A.G.A has raised the preliminary objection regarding maintainability of the bail application. He submits that bail application has been filed directly before this Court as the same is not maintainable.
Learned counsel for the applicant replied the said objection and invited the attention of the court towards pleading made in para 5 of the bail application. He submits that applicant is suffering from brain stroke, chronic illness including heart disease and other lifestyle diseases. He also submits that anticipatory bail application of the co-accused has been dismissed by the Sessions Judge hence, the bail application is directly maintainable before this Court in view of the judgment of Full Bench of this Court in the case of Ankit Bharti vs. State of U.P. reported in [2020(3) ADJ 575].
In view of the submissions advanced by the learned counsel for the applicant, the bail application is entertained.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No.0085/2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Nagar, District Balrampur.
Learned counsel for the applicant submits that the F.I.R. has been lodged after delay of five years. Applicant has no criminal history. Applicant's medical condition is very serious. Learned counsel for applicant has invited attention of the court towards various prescriptions and the medical reports of the applicant which show that applicant is suffering from brain stroke, chronic illness including heart disease and other lifestyle diseases. He further submits that no useful purpose will be served to send the applicant in custody as such he is suffering from such serious medical illness. Applicant has no criminal history and he undertakes to cooperate in the investigation.
Learned A.G.A. prays for and is granted two weeks' time to file counter affidavit/objections.
List on 12.05.2023 along with Criminal Misc. Bail Application No.5643 of 2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that applicant has no criminal history, the delay of five years in lodging the F.I.R., medical condition of the applicant, undertaking given by the applicant to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 27.04.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 25.7.2023
A.Nigam
