Anwar @ Anvar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48048 of 2023 Applicant :- Anwar @ Anvar Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad,Mohd Akram Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Ms. Sandhya Chaturvedi holding brief of Sri Ansar Ahmad, learned counsel for the applicant, Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.223 of 2023, under Sections 392, 411, 307 I.P.C. and 3/25 Arms Act, Police Station Civil Lines, District Etawah, during the pendency of trial.

¶4As per prosecution case, some unknown person are stated to have robbed the golden chain of mother of the informant on

22.03.2023.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for the applicant has stated that the F.I.R. is delayed by five days and there is no explanation of said delay. He further stated that on the information of squealer, the applicant and co-accused were arrested by police. There is recovery of golden chain from the possession of applicant which has not been identified as per Evidence Act. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 27.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Anwar @ Anvar who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.11.2023 Manoj High Court of Judicature at Allahabad