Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34356 of 2019 Applicant :- Haneef And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.,Sunil Singh
Hon'ble Vipin Sinha,J.
I have heard the learned counsel for the parties on the recall application seeking recall of the order dated 11.09.2019.
The anticipatory bail application was rejected solely on the ground that counsel for the informant has informed the Court that charge sheet has been filed and thus, it was on this ground the bail application was dismissed as having become infructuous.
It has been informed to the Court that by inadvertence it has been informed that the charge sheet has been filed against other co-accused persons and the investigation is still pending against the applicant. In view of the said fact the order dated 11.09.2019 by means of which the anticipatory bail application was dismissed as infructuous is hereby recalled and with the consent of learned counsel for the parties the Court proceeds to hear the case on merit.
Heard learned counsel for the applicants, learned counsel for informant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case. It is further submitted that applicants were named in the FIR which was lodged against 59 known and 500 unknown persons. It is contended that murder had taken place with regard to which the police has not registered an FIR and thus, a mob gathered to protest against non lodging of the FIR and it was only in pursuance of the said protest that at least four FIRs have been lodged. It is contended that in the said FIR the applicants were not named as accused, on the other hand the present FIR has been lodged by the father of one of the accused in the said FIR in which the murder has taken place. It is lastly contended that co-accused Rahisuddin and Imran have been granted bail by another Bench of this Court. The matter needs deeper and fairer investigation before any arrest should be given effect to.
Therefore, the applicants may be enlarged on anticipatory bail. Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Haneef, Mohd. Afzal and Abdul Kadir involved in Case Crime No. 462 of 2019 under Section 147, 148, 149, 307, 395, 452, 427, 436 I.P.C., Police Station Murad Nagar, District Ghaziabad, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 27.9.2019 Ujjawal