Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15996 of 2021 Applicant :- Tahir Opposite Party :- State of U.P.
Counsel for Applicant :- Suneel Kumar Mishra,Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard Suneel Kumar Mishra, learned counsel for the applicant and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 130 of 2021, under Sections 147, 148, 323, 452, 308, 504, 506 IPC, Police Station- Agauta, District- Bulandshahr.
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, as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, 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.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has further submitted that as many as eight persons including the applicant assaulted the victims by rod and bricks. On account of assault made by the accused persons, Kurban, Shahvej and Imran are said to have suffered injuries on their persons. Learned counsel for the applicant has further submitted that injuries caused to the victims have specifically been assigned to Yunus, Talib and Mustafa and no specific role of causing injuries to the victims have been assigned to the applicant. The case of the applicant is distinguishable from the said co-accused. It is next submitted that co-accused Mohd. Farukh having identical role to the applicant had already been enlarged on anticipatory bail by the co-ordinate Bench of this Court vide order dated 30.9.2021 passed in Criminal Misc. Anticipatory Bail Application No. 16343 of 2021, hence the applicant entitled for anticipatory bail on the ground of parity.
Learned counsel for the applicant has further submitted that the applicant has no criminal antecedents and has not been convicted by any court of law. He has further submitted that the applicant shall render all co-operation and assistance to the investigative Authorities in carrying out the investigation. He has further submitted that there is no possibility of applicant fleeing away from judicial process or tampering with the evidence. The applicant is ready to furnish a personal bond and reliable sureties. The applicant has definite apprehension that he may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Tahir 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 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 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 from disclosing such facts to the Court or to any police office;
(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 is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.10.2021 Akbar