Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38155 of 2019 Applicant :- Sakir Ali And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Sakir Ali, Asgar Ali, Gulam Mohammad, Haji @ Bhure, Irfan, Najim, Mujahid Shaifi and Shaharukh for grant of anticipatory bail during the course of investigation in Case Crime No. 153 of 2019, under Sections 147, 149, 186, 353, 504, 427 I.P.C. and Section 7 Criminal Law (Second Amendment) Act, 1983, Police Station Baniyather, District Sambhal.
Learned counsel for applicants argued that each of accused applicant is of no criminal antecedent. They have been falsely implicated in this case with contention that informant Harpal Singh, Chakbandi Lekhpal, along with other Chakbandi Officers, were at visit for having spot inspection of 15 files, out of which nine files were inspected and when they reached at Gata No. 576 and 586, some antisocial elements raised their protest and they shouted. They snatched file and CH Form No. 2A and got them torn. They abused and extended threat for dire consequence. Hence, this report was got lodged. Neither the identity of those named accused persons were established nor there was any assault or any medical report. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
From the perusal of first information report, it is apparent that this report was got lodged against nine known and 15-20 unknown persons with accusation of creating protest on spot, shouting, abusing and damaging public document. No specific role of any of them for any accusation is there. They are of no criminal antecedent. Hence, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Sakir Ali, Asgar Ali, Gulam Mohammad, Haji @ Bhure, Irfan, Najim, Mujahid Shaifi and Shaharukh, involved in above mentioned case, he 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 he has 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 :- 25.9.2019 NS