Allahabad High Court
Shadab Husain @ Bittu And Another vs State Of U.P.And Another on 27 July, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:150471
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7894 of 2023
Applicant :- Shadab Husain @ Bittu And Another
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Zafar Abbas,Sarve Nazir
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicants and learned Additional Government Advocate for the State.Supplementary affidavit filed today is taken on record.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.293 of 2021, under Sections 307, 504, 506,34,120-B IPC, P.S. Maudaha, District Hamirpur during the pendency of trial.
3. It is contended by learned counsel for the applicants that applicants were earlier granted interim protection till submission of police report under Section 173 (2) Cr.P.C. by another co-ordinate Bench of this Court by a detailed orders dated 24.2.2022 and 3.3.2022 passed in Criminal Misc Bail Application Nos. 1392 of 2022 and 1497 of 2022. Further submission is that during investigation, the applicants have fully cooperated in investigation, but the Investigating Officer appreciating this fact, without collecting cogent and credible evidence submitted charge sheet against the applicants. Further submission is that there is no need of custodial interrogation of the applicants, hence, the applicants may be enlarged on anticipatory bail till conclusion of trial. It is further submitted that there are two criminal history of the applicant no. 1 in which he has been granted bail in one case and in another case he has been acquitted.
4. Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants Shadab Husain @ Bittu and Mohd Sabir @ Haleem Langda involved in the aforesaid crime be released on anticipatory bail on each of them furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) The applicants 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; and
(3) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicants shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
8. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 27.7.2023
RavindraKSingh
