Allahabad High Court
Jamal Akhtar And Another vs State Of U.P. on 1 April, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:44584
Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9763 of 2024
Applicant :- Jamal Akhtar And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh
Counsel for Opposite Party :- G.A.,Manoj Kumar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. None appeared on behalf of the opposite party no.2 to press this case.
Heard learned counsel for the applicants and Mr. Mayank Awasthi, learned counsel for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.129 of 2021, under Sections 504, 506, 409, 120B IPC, Police Station-Chetganj, District-Varanasi, with the prayer that in the event of arrest, applicants may be released on bail.
Learned counsel for the applicants submits that earlier vide order dated 01.02.2023, anticipatory bail was granted to the applicants till submission of chargesheet. He further submits that the present case is purely civil and commercial transaction between the applicants and the partners of the firm, namely, Ibrahim Collections. The Ibrahim Collections has got no concern with the said firm nor he has given any of the three cheques of Rs.1,85,000/-. The applicants have got no criminal mens-rea to act as one of offender. He further submits that the applicants have falsely been dragged and roped in present offence with ulterior motive and are ready to participate in the investigation. He further submits that the applicants have not violated any of the conditions as mentioned in the order dated 01.02.2023, wherein anticipatory bail was granted to the applicants till submission of charge sheet. He has placed the rejection order and other documents to prove that the applicants are not avoiding to face trial. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegation made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon length. 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.
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. He further submits that though the charge sheet has been submitted against the applicant but no such material has been collected by the Investigating Officer to show complicity of the applicants in the aforesaid case.
On due consideration to the argument advanced by learned A.G.A., perused the entire records and considering the nature of accusations and antecedents of the applicants, the applicant is entitled to be released on anticipatory bail in this case in view of the judgement of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi) reported in (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 judgement of the Apex Court.
In view of above, the anticipatory bail application of the applicant is allowed.
Let the applicants-Jamal Akhtar and Abdul Nasir involved in the aforesaid case crime be released on anticipatory bail till the conclusion of trial 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:-
1.The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
3. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
4. The applicants shall surrender their passports, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court.
5. In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. 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 him from disclosing such facts to the Court or to any police officer;
7. 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 his bail and proceed against him/her/them in accordance with law.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 1.4.2025
Jitendra/-
