1. Heard learned counsel for the applicant learned A.G.A. for the State of U.P. and perused the record.
2. The instant application has been moved by the applicant seeking anticipatory bail in Case Crime No. 0947 of 2019, under Sections 147, 148, 149, 152, 323, 504, 506, 333, 307, 353, 188, 120-B, 395, 145 I.P.C. as well as Section 7 of Criminal Law (Amendment) Act, and Section 3/4 of the Prevention of Public Property Damages Act, relating to Police Station - Thakurganj, District - Lucknow.
3. Counter and rejoinder affidavits, having been exchanged, the case is being finally heard and decided.
4. It has been submitted by the learned counsel for the applicant that a false and frivolous first information report has been lodged against the applicant. It is submitted that as per first information version on 20.12.2019 when the concerned Police party was on duty to enforce law and order in the area at about 11.00PM a mob of about 1000-2000 persons amongst them some were armed with stones and fire arms came and started rioting by throwing stones and indiscriminate firing on the Police party. The mob entered into the Police Station and took away certain valuable items as Laptop, CCTV camera, DBR etc and tore some of the necessary documents kept in the Police Station, after that they set the Police Station on fire. Some crude petrol bombs were also thrown by the mob. The Policemen tried to control the mob but they kept on firing by fire arms and throwing stones. This incident caused terror in the area due to which shops were shut down and the Policemen somehow saved their lives. Information regarding riot was given to the higher officials on which additional Police force was deployed in the area, but till then some of the Government vehicles and some personal vehicles standing near by the Police Station were set on fire. Videography, of the entire incident was done by the Police and some rioteers were arrested from the spot, while first information report about the said incident was registered against some known and other unknown persons.
5. It is further submitted by learned counsel for the applicant that the applicant was not present on the place where alleged incident took place. He is not named in the first information report and he was implicated in the case on the basis of CCTV footage. The applicant denies his presence in he said mob and also denies that the image shown in the CCTV footage is his. The applicant runs a crockery shop in Nakkhas and infact on the date of incident the accused-applicant was present in the campus of High Court in connection with pairvi of another case. It is lastly submitted by counsel for the applicant that one Sayyed Saif Abbas Naqvi S/o Sayyed Ali Naqvi, co-accused of this case whose name also came to light through CCTV footage, has been granted anticipatory bail by the Additional Sessions Judge, Lucknow by means of order dated 31.10.2020 (Annexure-3 to the affidavit), therefore, the applicant is also entitled for interim protection.
6. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
7. After considering the rival submissions this court finds that there is a case registered/about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh, AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
8. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, the applicant may be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
9. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail as well as counter and rejoinder affidavits, this Court finds it a fit case to allow the present anticipatory bail application.
10.The anticipatory bail application is allowed.
11. This Court directs that in the event of arrest, the accused-applicant Kasif @ Kashif Ahmad, involved in Case Crime No. 0947 of 2019, under Sections 147, 148, 149, 152, 323, 504, 506, 333, 307, 353, 188, 120-B, 395, 145 I.P.C. as well as Section 7 of Criminal Law (Amendment) Act, and Section 3/4 of the Prevention of Public Property Damages Act, relating to Police Station - Thakurganj, District - Lucknow, shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
12.The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
13.In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
Order Date :- 9.2.2021 A. Verma (Alok Mathur, J.)