Allahabad High Court
Anzar Khan vs State Of U.P. Thru. Prin.Secy. Dept. Of ... on 17 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38043
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4325 of 2024
Applicant :- Anzar Khan
Opposite Party :- State Of U.P. Thru. Prin.Secy. Dept. Of Home
Counsel for Applicant :- Farhan Alam Osmany,Abdul Muqeet Khan,Akram Fazal Mirza
Counsel for Opposite Party :- G.A.,Abdul Ahad
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.258 of 2022, under Sections 147, 323, 327, 504, 506, 427, 452 I.P.C. and Sections 3Ka, 3Kha of Medical Staff Protection Act, P.S. Hasanganj, District Lucknow.
3. Learned counsel for applicant submits that co-accused persons Mohd. Asif as well as Ankit Jaiswal who were assigned the similar role have been enlarged on bail by sessions court, the bail orders are on record as Annexure No.SA-6 to the supplementary filed on 27.04.2024 and Annexure No.4 to the bail application. He submits that from perusal of the case diary, the ingredients to attract the offence under Section 327 IPC are not borne out. No one has suffered any grievous injury. He further undertakes that applicant will cooperate in the trial. Applicant has no criminal history however, he is in jail since 15.03.2024.
4. Per contra, learned counsel for the complainant as well as learned A.G.A. have opposed the bail prayer. Learned counsel for the complainant submits that Director of A.S. Health City Hospital was pressurized and threatened by the applicant along with other accused persons to transfer half of the share of his profit and when the same was denied by him, in a planned manner all the accused persons attacked on the hospital and staff members. The incident is recorded in the CCTV footage.
5. Perused the record so also the bail orders of the co-accused Asif and Ankit Jaiswal (supra).
6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 15.03.2024 having no criminal history, judgment of Supreme Court passed in the case of "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", undertaking given by the applicant that he will cooperate in the trial, injury report, statement of injured, period of incarceration gone into by the applicant as well as bail orders of co-accused persons, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
7. Accordingly, the bail application is allowed.
Let the applicant Anzar Khan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
8. At this stage, learned counsel for the complainant prays that trial may be expedited.
9. Accordingly, the trial court is directed to expedite the trial.
Order Date :- 17.5.2024
Saurabh Yadav/-
