Gulam Varis v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4992 of 2023 Applicant :- Gulam Varis Opposite Party :- State of U.P. Counsel for Applicant :- Khalid Mahmood Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1Matter taken up in the revised list.

¶2Heard Sri Khalid Mahmood, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A-1 for the State and perused the material on record.

¶3This is the third Anticipatory Bail Application.

¶4The pleadings have been completed.

¶5The applicant Gulam Varis was granted interim anticipatory bail vide order dated 17.5.2023 by this Court. The said order is quoted herein below:- "1. List revised.

¶2Heard Sri Khalid Mahmood, learned counsel for the applicant and Sri S.B. Maurya, learned counsel for the State.

¶3This is the third Anticipatory Bail Application. The first anticipatory bail application being Criminal Misc. Anticipatory Bail Application No.2060 of 2020 "Sarwar and 5 others Vs. State of U.P." in which Gulam Varis, the present applicant was at serial no.4, was dismissed for want of prosecution by this Court vide order dated 13.7.2020. Thereafter the second anticipatory bail application on behalf of the applicant was moved being Criminal Misc. Anticipatory Bail Application No.2563 of 2023 "Gulam Varis Vs. State of U.P." which was rejected by this Court vide order dated 5.4.2023 since the same did not contain the necessary material as it was filed after submission of charge sheet.

¶4Learned counsel for the applicant argued that the applicant was not arrested during investigation. The trial court has rejected the anticipatory bail application of the applicant vide order dated 6.12.2022 by observing that after filing of charge sheet only summons have been issued against the applicant but no warrant has been issued against him and as such there is no apprehension of his arrest. It is submitted that since the applicant had cooperated in the investigation during it's pendency and was not arrested and now charge sheet has been submitted and he apprehends his arrest pursuant to summons issued by the trial court the applicant may be granted interim anticipatory bail.

¶5Matter requires consideration.

¶6Learned A.G.A. has accepted notice on behalf of State of U.P.

¶7Issue notice to the first informant in accordance with law returnable within six weeks.

¶8Steps be taken within a week.

¶9Counter affidavits be filed by the first informant as well as learned counsel for the State within six weeks. Rejoinder affidavit, if any, may be filed by the applicants within three weeks thereafter.

¶10List this case on 2.8.2023.

¶11Till the next date of listing, in the event of arrest of the applicant-Gulam Varis, involved in Case Crime No.329 of 2018, under Sections 147, 323, 504, 506, 308 IPC, P.S. Patherwa, District Kushinagar, he shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/-with two sureties (one of the surety should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.

(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 him from disclosing such facts to the Court.

(iii) the applicant shall not leave India without the previous permission of the Court and if he/she has passport, the same shall be deposited before the concerned court.

¶12In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

¶13Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."

¶6The order dated 17.5.2023 granting interim anticipatory bail to the applicant was subsequently extended vide orders dated

2.8.2023 and 20.9.2023 passed by this Court.

¶7Learned counsel for the applicant raised arguments in the matter which were initially argued by him on 17.5.2023.

¶8Since the applicant Gulam Varis has been granted interim anticipatory bail vide order dated 17.5.2023 and the said order was extended vide orders dated 2.8.2023 and 20.9.2023, the same is hereby made absolute during the period of trial for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/-with two sureties (one of the surety should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.

(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 him from disclosing such facts to the Court.

(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 concerned court.

¶9In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

¶10Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

¶11The present anticipatory bail application is allowed. (Samit Gopal,J.) Order Date :- 30.11.2023 Gaurav Kuls High Court of Judicature at Allahabad