Allahabad High Court
Gufran Ali And 4 Others vs State Of U.P. Thru. Prin. Secy. ... on 1 March, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 227 of 2023
Applicant :- Gufran Ali And 4 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- O.P. Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Vakalatnama filed by Shri Neeraj Singh, Advocate on behalf of the complainant is taken on record.
Heard learned Counsel for the applicants, learned counsel for the complainant and learned A.G.A. for the State/respondent as well as perused the record.
This Court while granting interim order order dated 31.1.2023 has passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants submits that an F.I.R. No. 771 of 2022, under Sections 498A, 143, 147, 148, 323, 504, 506, 342, 308 I.P.C., read with Section 3/4 Dowry Prohibition Act has been registered against the applicants and the other co-accused by the informant.
It is contended on behalf of the applicants that as per the statement of the injured Sehnaj Khan it is evident that the informant side was the aggressor. They came at the house of Lukman, who is the co-accused. The sole allegation of causing assault upon Sehnaj Khan is on Salman. General role has been assigned to the applicants, who are the only family members of Lukman. No specific role has been assigned to them in the incident. Lukman has also suffered grievous injuries total eight injuries. The applicants have been falsely implicated in this case. The applicants have no criminal antecedents. Charge sheet has been filed in this case. The applicants have cooperated in the investigation. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial.
Issue notice to respondent No. 2 returnable at an early date.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 01.03.2023.
On due consideration to the arguments advanced; perusal of the record; considering the fact that from the statement of the injured Sehnaj Khan prima facie appears that main allegation is on Salman for causing assault; no specific role has been assigned to the applicants; the applicants have no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicants shall be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
The applicants shall cooperate in the trial and he will not influence the witnesses. The applicants shall not leave India without previous permission of the Court.
Order Date :- 31.1.2023."
Learned counsel for the applicant submits that charge-sheet has been filed. The applicant has not misused the liberty granted by this Court. The applicant has no criminal history.
Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer.
On due consideration to the facts that the applicant has not misused the liberty granted by this Court; the applicant has no criminal antecedents; specific role of causing injury to the injured is on the co-accused Salman and not on the applicant, it would be expedient in the interest of justice that the liberty of the applicants may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, anticipatory bail application is allowed. It is provided that in the event of arrest, the accused applicants Gufran Ali, Sheebu, Tabassum, Chandra Parveen and Eshrat Ali @ Raju are directed to surrender before the trial court, if they are summoned to face trial for offence in question. The said accused applicants shall be released on bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicants shall not leave India without the previous permission of the court;
(iii)The applicants shall not pressurize/ intimidate the prosecution witness;
(iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.3.2023
Madhu
