Mo. Kamran v. State of U.P

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12781 of 2023 Applicant :- Mo. Kamran Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava, Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Supplementary affidavit has been filed today, is taken on record.

¶2Heard Ms. Shivangi Bhargava, learned counsel for the applicant 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.380 of 2022, under Sections 354, 384, 506 IPC, Police Station Ganj, District Rampur.

¶4Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant has never committed any offence as alleged in the impugned. As per statement of the victim recorded under Sections 161 and 164 Cr.P.C., there is no serious allegation against the applicant. She further submits that co-accused person, namely, Nadim has already been granted anticipatory by another co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Criminal Misc. Anticipatory Bail Application No.12024 of 2023, copy of the same has been annexed as Annexure No.7 to the affidavit filed in support of the applicant. She further submits that charge sheet has already been submitted and the court below has summoned the applicant in a routine manner. The applicant is having no previous criminal history.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid fact.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is 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

¶98The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Mo. Kamran, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial 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 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 him from disclosing such facts to the Court or to any police officer.

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

(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(iv) The applicant shall file an undertaking to the effect that he 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 applicant.

(v) In case, the applicant 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.

(vi) The applicant 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 his 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 is disposed of. Order Date :- 30.11.2023 Ajeet High Court of Judicature at Allahabad