Allahabad High Court
Sabir And Another vs State Of U.P. And Another on 18 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:202029
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11526 of 2023
Applicant :- Sabir And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Mishra,Rajneesh Sharma,Randhir Jain
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Randhir Jain, learned counsel for the applicants and Ms. Ifrah Islam, 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 applicants in Case Crime No.0342 of 2023, registered under Sections 498A, 323, 307, 504, 506 IPC and 3/4 Dowry Prohibition Act at Police Station- Naugawan Sadat, District Amroha with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants and other co-accused persons are stated to have subjected the daughter of the informant to cruelty for demand of dowry and are stated to have set her afire on 12.07.2023.
5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The injuries are simple in nature. There is an overwriting in the injury report regarding the percentage of burns. It is 20% and it has been later on corrected to 30%. The statement of the victim was recorded under Section 161 Cr.P.C. and she has allayed particular allegations of setting the room afire and pushing her in the said burning room to the co-accused persons, namely, Meshar Jahan (mother-in-law), Shakil (husband) and Idrish Khan (father-in-law). Learned counsel has further stated that there are no allegations against the applicants. The applicants are the brothers of co-accused person Meshar Jahan.
6. 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. There are no criminal antecedents of the applicants. The applicants have apprehension of their arrest. 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.
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 applicants.
8. The case of the applicants stands distinguished to the other co-accused persons.
9. 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.
10. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Sabir and Sakir 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 court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants 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 concerned 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.
Order Date :- 18.10.2023
Ravi Kant
(Krishan Pahal, J.)
