Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6618 of 2021 Applicant :- Wajid @ Mohd. Wajid Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 7.4.2021 of the Committee of this Court for the Purpose of Taking Preventive and Remedial Measures and for Combating the Impending Threat of Covid-19,this case is being heard by way of virtual mode.
Heard learned counsel for the applicants and learned AGA for the State. through Video Conferencing.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Wajid @ Mohd. Wajid Khan,Mohd. Irshad Athar Siddique,Saadat Hussain and Mirza Zeeshan in Crime No.-1130 of 2019, under Sections- 147, 148, 149, 323, 452, 336, 188, 427,120-B,109,153-A,295 IPC ,Section 3 Prevention of Damage to Public Property Act and Section 7 of Criminal Law Amendment Act, Police Station Kotwali City District- Bijnor.
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 and 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.
Co-accused, Kari Warees, andParvej Aftab, have already been granted anticipatory bail vide order dated 12.4.2021 passed in Criminal Misc. Anticipatory Bail Application No. 6784 of 2021. The case of the applicant stands on identical footing, hence the applicants are also entitled for anticipatory bail on the ground of parity.
Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions 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, the applicants 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. 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 applicants shall make themselves available for interrogation by the police officer 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them 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 applicants.
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 applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is pending who shall ensure the compliance of present order.
Order Date :- 13.4.2021 Atul kr. sri.