Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38261 of 2019 Applicant :- Mohd. Isa Khan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Mohd. Isa Khan, Mohd. Afzal @ Akram and Mohd. Farooq for grant of anticipatory bail during the course of investigation in Case Crime No. 260 of 2019, under Sections 323, 354, 506 I.P.C., Police Station Kakod, District Bulandshahar.
Learned counsel for applicants argued that applicants are innocent. They have been falsely implicated in this case. Earlier, case of matrimonial dispute as well as of Domestic Violence Act was filed against family members of informant by daughter of applicant No. 1 and this was a false and malicious accusation in counter blast of same, wherein police is adamant to arrest the applicants. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
From the perusal of application filed with affidavit, it is apparent that there had been cases instituted previously against informant's family and this subsequent report is against applicants for above offences. Hence, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicants have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Mohd. Isa Khan, Mohd. Afzal @ Akram and Mohd. Farooq involved in above mentioned case, they shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs. 20,000/- 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 themselves available for interrogation by a police office 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 office;
(iii) 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 of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The applicants are directed to produce a certified 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 26.9.2019 NS