Allahabad High Court
Mohammad Zaid Ansari vs State Of U.P. And 2 Others on 27 July, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:150100
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8368 of 2023
Applicant :- Mohammad Zaid Ansari
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Anchal Kumar Rao,Amit Daga
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Shakil Ahmad, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.257 and 2023, registered under Sections 147, 504, 506, 341 and 386 IPC at Police Station- Nai Mandi, District Muzaffarnagar with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, on 13.05.2023 at about 1:00 PM, 5-6 unknown persons are stated to have come in a Bolero car and stopped the said Bolero car in front of the informant's motorcycle and they have inquired about the girl sitting on the said motorcycle. The informant is stated to have said that the girl is his classmate and they had come to market for purchasing. Subsequent to it, the said persons are stated to have started hurling abuses and threatening him.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The said FIR under Sections 147, 504 and 506 I.P.C. was instituted two days after the incident i.e. 15.05.2023, as such the FIR is itself delayed and there are no allegations against any person and the applicant is not named in it. Learned counsel has further stated that on the basis of CCTV footage, the applicant was called by the police and he was challaned alongwith three other persons under Section 151, 107 and 116 Cr.P.C. and there were released from custody.
6. Learned counsel for the applicant has further stated that the applicant has been put to double jeopardy as he has nothing to do with the said offence. The first statement of the informant recorded under Section 161 Cr.P.C. even does not nominate any person, but in the supplementary statement of the informant, the name of the applicant has come up. The delay in recording the statement itself falsifies the prosecution story. 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. There are no criminal antecedents of the applicant except the said case of 151 Cr.P.C. 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-Mohammad Zaid Ansari 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 :- 27.7.2023
Ravi Kant
