Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16598 of 2021 Applicant :- Mehmood Opposite Party :- State Of U.P And Another Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Abdul Majid, Advocate holding brief of Sri I.M. Khan, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the State and perused the record.
The applicant was granted interim anticipatory bail vide order dated 21.10.2021 by a co-ordinate Bench of this Court. The said order is quoted herein below:-
"Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant- Mehmood, in Case Crime No.168 of 2021, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station- Bhojpur, District Moradabad.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. There is no direct or indirect evidence against the applicant. The main role of firing has been assigned to co- accused Maqsood. He added that all the injuries are simple in nature. In case, the applicant is admitted to anticipatory bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history. The applicant is definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
The submission made by learned counsel for the applicant prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted two weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may also file objection/ counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. Put up this case on 17th December, 2021 as fresh.
In the event the applicant- Mehmood is arrested he shall be released on anticipatory bail till the next date of listing on 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 Court with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(ii) 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order."
Since the applicant has been granted interim anticipatory bail vide order dated 21.10.2021, the same is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order..
The present anticipatory bail application is allowed.
Order Date :- 17.12.2021 M. ARIF Digitally signed by Justice Samit Gopal Date: 2021.12.18 12:07:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad