Allahabad High Court
Javed @ Javid And Another vs State Of U.P. on 4 January, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:1293
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50317 of 2019
Applicant :- Javed @ Javid And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Sageer Ahmad,Aparna Burman ( Amicus Curie),Aparna Burman (Amicus Curie)
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Compliance affidavit filed by learned A.G.A. is taken on record.
3. Heard Ms. Aparna Burman, learned Amicus Curiae for the applicants and Sri Yogesh Mishra, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.135 of 2019, registered under Sections 3/5/8 Prevention of Cow Slaughter Act & Cattle Tress Pass Act, registered at Police Station- Thana Bhawan, District- Shamli with a prayer to enlarge them on anticipatory bail.
5. Learned Amicus Curiae for the applicants has stated that the applicants have been falsely implicated in this case. The applicants were not arrested at the spot rather the co-accused person Zakir was arrested at the spot and name of the applicants has come up in the statement of said arrested co-accused person, which is not admissible in evidence. The applicants are acquainted persons to the police, as such, they have been falsely implicated in this case.
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. The applicants have apprehension of their arrest. There are no criminal antecedents of the applicants. Learned counsel has stated that the applicants undertake 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 on the ground that the applicants are not cooperating in trial as to date no witness has been examined, although he could not dispute that applicants have no criminal antecedents to their credit.
8. 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 coupled with the fact that applicants have no criminal antecedents to their credit, 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.
9. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Javed @ Javid and Kamil @ Mohammad Kamil 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 below shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
11. Ms. Aparna Burman, Amicus Curiae has assisted the Court very diligently. This Court provide that she shall be paid counsel's fee as Rs.15,000/-. The Registrar General of this High Court is directed to ensure payment of aforesaid fee to Ms. Aparna Burman, Amicus Curiae, without any delay and, in any case, within one month from the date of receipt of a copy of this judgment/order.
12. Office is directed to provide a copy of this order to the learned Registrar General at the earliest for necessary compliance.
Order Date :- 4.1.2024
Vikas
[Krishan Pahal, J.]
