Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16844 of 2021 Applicant :- Ataurrahman And 4 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Zainul Abdin
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 364 of 2021, under Sections 143, 386, 447, 352, 506, 120-B IPC, P.S. Mauaima, District Prayagraj with the prayer that in the event of arrest, applicants may be released on bail.
The allegation in the first information report is that the accused persons have illegally encroached upon the property of the complainant and when they are asked to vacate the same, they gave threats and are ready to fight. It is argued by the learned counsel for the applicants that they are demanding money for the same. This demand cannot be covered under Section 386 I.P.C. and the offence under other sections also cannot be said to have been made. As they have apprehension of being arrested, so the prayer for anticipatory bail is made.
A.G.A. has opposed the application for anticipatory bail. It is said that the complainant is the owner of the property mentioned in the first information report, which he has purchased by the sale deed in 2018 and the accused persons have illegally encroached upon that property. As per report appended at page-'29' of the file also it is clear that the accused persons have encroached upon the property of the complainant.
At this stage, learned counsel for the complainant appeared and argued that the accused persons, Ataurrahman, Mohd. Saleem, Mohd. Irshad, Mohd. Rizwan and Mohd. Ahtar Mansuri @ Mohd. Tufail are having criminal history of Case Crime No. 315 of 2019 under Sections 147, 148, 427, 452 and 392 I.P.C. At this point, it is submitted by the applicants that the final report has been submitted in this case. This fact has not been opposed by the learned counsel for the complainant.
From the first information report, it clearly transpires that the case is of civil nature regarding the illegal encroachment of the property and the allegation is only that when the accused persons are asked to vacate the land, they give threat and are ready to have fight with them.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no possibility of fleeing from justice, without expressing any opinion on merit of the case, applicants are entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicants - Ataurrahman, Mohd. Saleem, Mohd. Irshad, Mohd. Rizwan and Mohd. Ahtar Mansuri @ Mohd. Tufail, involved in Case Crime No. 364 of 2021, under Sections 143, 386, 447, 352, 506, 120-B IPC, P.S.
Mauaima, District Prayagraj, shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make him available for interrogation by a police officer as and when required;
(ii) 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;
(iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 21.12.2021 gp