Allahabad High Court
Javed And 4 Others vs State Of U.P. And Another on 27 October, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:205113
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11381 of 2023
Applicant :- Javed And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Zafeer Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Zafeer Ahmad, learned counsel for the applicants and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.135 of 2021, under Sections 147, 148, 149, 188, 323, 336, 307, 332, 353 IPC and Section 7 Criminal Law Amendment Act, Police Station- Mainather, District Moradabad.
3. Learned counsel for the applicants submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants submitted that the allegation against the applicants are that they have fired upon the police but as per the FIR, there is no injured persons. It is a no injury case. Learned counsel for the applicants claims parity with the similarly placed co-accused, namely, Jumma, Mohammad Intekhab alias Intekab, Mohd. Intezar and Mohd. Danish who have been granted anticipatory bail by this Court vide order dated 20.9.2023 passed in Criminal Misc. Anticipatory Bail Application No. 9988 of 2023, 6768 of 2023, 6984 of 2023 and 8797 of 2023. The applicants are having no previous criminal history as has been mentioned in paragraph 45 of the affidavit. Learned counsel for the applicants further submits that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants but could not dispute the submission raised by learned counsel for the applicants.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants- Javed, Asageer, Israr Husain, Imran and Babu, be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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.
(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
(vi) In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against his in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 27.10.2023
Krishna*
