Firoz and 3 Others v. State of U.P

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12425 of 2023 Applicant :- Firoz And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

1.Supplementary affidavit filed on behalf of the applicant today in the Court, the same is taken on record.

¶2Heard Sri Siddharth Shanker Mishra, learned counsel for the applicants and learned Additional Government Advocate for the State.

¶3This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 566 of 2023, under Sections 147, 148, 149, 307, 336 I.P.C. and Section 7 Criminal Law Amendment Act, 1932, P.S.- Tronika City, District-Ghaziabad.

¶4Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. He submitted that the present FIR was lodged by police against the applicants as well as informant. There are 15 named and one unnamed accused accused person from both the side. In the alleged incident, no persons sustained injury and no empty cartridge has been recovered from the alleged incident. Learned counsel for the applicants claims parity with the co-accused, who have been granted interim anticipatory bail by the co-ordinate Bench of this Court vide order dated 8.11.2023 passed in Criminal Misc. Anticipatory Bail Application No. 12394 of 2023 (Istakar Ali and 2 others Vs. State of U.P.). He submitted that the applicants have criminal history as have been mentioned in paragraphs no.3, 4 and 5 of the supplementary affidavit. Learned counsel for the applicants further submitted that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants but could not dispute the submissions raised by learned counsel for the applicants.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, the applicants are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants-Firoz, Fardin, Sameer and Uvaish, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

(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 them from disclosing such facts to the Court or to any police officer.

(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.

(v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.

(vi) In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC

98.

(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against his in accordance with law.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶9With the aforesaid observations/ directions, the application stands allowed. Order Date :- 9.11.2023 Krishna* High Court of Judicature at Allahabad