Allahabad High Court
Saad Hussain And Another vs State Of U.P. on 23 March, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1635 of 2023
Applicant :- Saad Hussain And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar,Rahul Kumar Tiwari
Counsel for Opposite Party :- G.A.,Rakesh Pati Tiwari
Hon'ble Krishan Pahal,J.
Heard Sri Sandeep Kumar, learned counsel for the applicants, Sri Rakesh Pati Tiwari, learned counsel for the inforamnt and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Criminal Case No.5406 of 2022 (State vs. Shaheen Hussain and other), arising out of Case Crime No.0134 of 2022, registered under Sections 420, 467, 468, 471, 354, 352, 504, 506 I.P.C. at Police Station Kotwali, District Bareilly with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants are stated to be taking the rent from the various tenants of the property to which the informant holds the tile of half of the property. When the informant tried to take the rent from the property he owns from his father as a result of Hibanama, the applicant is stated to have threatened him and is stated to have criminally intimidated him.
Learned counsel for the applicants has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. The Hibanama is of 8.10.2003 and he is pressing it on 19.3.2022 as such the said Hibanama does not hold any legal sanctity to date. Learned counsel has stated that civil proceedings have been converted into criminal one by the informant. Learned counsel has further stated that the police has filed the charge-sheet without considering the said fact elucidated by him in the bail application. The applicants have no criminal antecedents to their credit. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the anticipatory bail application on the ground that the applicant has usurped the property belonging to the informant as such misusing the power, but could not dispute the fact that Hibanama is dated 8.10.2003 which is about 19 years before the lodging of the FIR.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Saad Hussain and Boby be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 23.3.2023
Vikas
