Allahabad High Court
Pappu @ Rafi Khan vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 6 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:720
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2194 of 2024
Applicant :- Pappu @ Rafi Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Amar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard counsel for the applicant, learned AGA for the State and perused the record.
The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 29 of 2021 under sections 307 of IPC Police Station- Utraula District- Balrampur.
Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by the coordinate bench of this Court to the applicant vide order dated 24.09.2024. The order dated 24.09.2024 is quoted hereinunder :-
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 29/2021, under Section 307 IPC, P.S. Utraula, District Balrampur.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
In the prosecution case, it is alleged that the applicant with an intent to kill has badly beaten the victim with lathi and danda and due to that he received injuries on the head as well as on the other part of the body. Three injuries have been found on the body of the victim. Doctor who examined the injured has stated that the victim has received grievous injuries and his temporal bone is fractured.
Learned counsel for the applicant submits that the applicant was arrested after lodging of the FIR and he was sent to jail. He was enlarged on regular bail under Section 323/504/506/308 IPC. Thereafter while framing charge, section 307 IPC has been added. He also submits that charge sheet has already been filed. The investigation is over. No useful purpose will be served by sending the applicant behind the bar. Learned counsel for the applicant has placed reliance on the judgment of this Court "Shahzad Vs. State of U.P., 2022 SCC online All 2219".
It is submitted that the applicant is innocent. The applicant has never absconded. He undertakes to cooperate in the trial.
Two weeks' time is granted to the learned AGA to file objections/ counter affidavit.
Issue notice to respondent No.2.
List on 22.10.2024.
On due consideration to the fact that the applicant was enlarged on bail in the earlier sections; while framing charge, new section has been added, thus considering the judgment of Shahzad (supra) as well as the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
From perusal of the bail application, it transpires that the coordinate Bench of this court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 24.09.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the State against the applicant.
Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby disposed of while granting bail to the applicant namely,Pappu @ Rafi Khan till disposal of the trial subject to the following conditions :-
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that 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;
(iii) that the applicant shall not leave India without the previous permission of the court'
(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and
(v). that the applicant shall not pressurize/ intimidate the prosecution witness.
It is further provided that the applicant need not appear before the trial court though, he shall furnish personal bond and two sureties each of the like amount.
In case of default, it would be open for the investigating agency to move application for vacation of this protection.
Order Date :- 6.1.2025
Mayank
