Allahabad High Court
Mohd. Nasir Kha vs State Of U.P. And Another on 5 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3436 of 2023
Applicant :- Mohd. Nasir Kha
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kartikeya Saran,Ujjawal Satsangi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Kartikeya Saran, learned counsel for the applicant and Sri V.K.S. Parmar, 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.17 of 2023, registered under Sections 147, 323, 504, 506, 452 I.P.C. at Police Station Attarsuiyya, District Prayagraj with a prayer to enlarge him on anticipatory bail.
4. Admittedly, the applicant is a British National and his sole identity document, i.e., passport is impounded by the police as it is admitted by the State in para 7 of the short counter affidavit. Thus, the affidavit of his brother-in-law Farman Bari son of Abdul Bari has been filed. It is also stated therein that applicant has no other identity card available with him.
5. Learned counsel for the applicant has placed on record the special circumstance with respect to applicant as he being a British National is unable to fetch any other identity card which is acceptable at the Photo Identification Centre of this Court. He is ready to come to the Court to swear his affidavit but due to unavailability of his identity card he is unable to do so.
6. As per prosecution story, the applicant and other co-accused persons are stated to have barged into the house of the informant on 7.2.2023 at about 04:30 p.m. and thereby caused injury to the informant and his family members.
7. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The present case is counterblast to the FIR instituted by the applicant as Case Crime No.16 of 2023. The applicant has complied with Section 41-A Cr.P.C. and has cooperated in the investigation. He himself had deposited his passport at the police station. Learned counsel has stated that the applicant has no criminal history to his credit. 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. 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.
8. 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.
9. 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.
10. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Mohd. Nasir Kha 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 below shall have the liberty to cancel the bail.
11. 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 :- 5.5.2023
Vikas
