Allahabad High Court
Dilnawaz Khan @ Billu @ Dilshad vs State Of U.P. on 25 July, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:147886
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7869 of 2023
Applicant :- Dilnawaz Khan @ Billu @ Dilshad
Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Qambar Zaidi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Mohd. Danish, Advocate holding brief of Sri Ali Qambar Zaidi, learned counsel for the applicant, Sri Sunil Yadav, learned counsel for the informant and Sri Anith Kumar Shukla, 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. 2422 of 2017, registered under Sections 323, 504, 506, 307 I.P.C. at Police Station- Kotwali, District Muzaffarnagar with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, the applicant had come to the house of the informant on 20.10.2017 at about 04:00 p.m. and had fired from the gun he was carrying. In the meantime, the son of the informant had pushed his hands towards air, as such the said fire is stated to have not hit anybody.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. There is no injury sustained by anybody. There is no evidence of firing by the applicant. The applicant alongwith other co-accused persons had filed petition under Section 482 Cr.P.C. and were granted interim protection, but in the light of judgment of the Apex Court in Asian Resurfacing of Road Agency Private Limited and Another vs. Central Bureau of Investigation, (2018) 16 SCC 299 the said stay order stood vacated. The criminal history of one case assigned to the applicant stands explained in paragraph 4 of the supplementary affidavit filed in Court today. 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- Dilnawaz Khan @ Billu @ Dilshad 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 :- 25.7.2023/ Vikas
