Allahabad High Court
Mohammad Asjad vs State Of U.P. And 2 Others on 31 July, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:152873
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8488 of 2023
Applicant :- Mohammad Asjad
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 Nalin Kumar Srivastava,J.
1. List has been revised.
2. Heard learned counsel for the applicant and 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 Mohammad Asjad 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 car in front of the informant's motorcycle and 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 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 false implication 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. There are no criminal antecedents of the applicant except one case of 151 Cr.P.C. The applicant has apprehension of his arrest. 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. 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" till submission of police report under Section 173(2) CrPC before the Competent Court. 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. The anticipatory bail application is allowed accordingly.
10. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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/her from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.
11. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.
Order Date :- 31.7.2023
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