Allahabad High Court
Kamil @ Kamil Hasan And 10 Others vs State Of Up Another on 15 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:87872
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4855 of 2024
Applicant :- Kamil @ Kamil Hasan And 10 Others
Opposite Party :- State Of Up Another
Counsel for Applicant :- Irshad Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Irshad Ahmad, learned counsel for the applicants, Sri Yogesh Kumar Tripathi, learned counsel for the complainant and Sri Arun Kumar Mishra, 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.2933 of 2022 registered under Sections 392, 323 and 504 IPC at Police Station- Achoda Kamboh, District Sambhal with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants alongwith ten other co-accused persons are stated to have uprooted the equipments regarding a tube-well alongwith its poles on 22.08.2022 at about 7:00 a.m. and were seen taking them away by the complainant and other persons. The said act was video recorded by the complainant.
5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The summoning order dated 26.10.2023 is cryptic and without application of mind. Learned counsel has further stated that the allegations are vague. 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.
6. 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.
7. 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 theSupreme Court.
8. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants-Kamil @ Kamil Hasan, Rahemin @ Raimeen, Farhat Ali, Najim, Dildar, Subhan, Shane Alam, Zabbar, Rizwan, Usman and Sundar be released forthwith in the aforesaid complaint case (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 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;
(ii). that the applicants shall not leave India without the previous permission of the court;
(iii). that the applicants shall not pressurize/ intimidate the prosecution witness;
(iv). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(v). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
9. 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 :- 15.5.2024
Ravi Kant
(Justice Krishan Pahal)
