Alisher Ali Alias Neta v. State of U.P. and Another

5rNeutral Citation No. -2023:AHC:234226 Court No. -64 Case :-CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. -13647 of 2023 Applicant :-Alisher Ali Alias Neta Opposite Party :-State of U.P. and Another Counsel for Applicant :-Birendra Kumar Mishra,Byas Kumar Prasad Counsel for Opposite Party :-G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Alisher Ali Alias Neta, in Case Crime No. 457 of 2023, under Sections-414, 420, 467, 468, 471 IPC and 41/102 Cr.P.C., Police Station-Shahganj, District-Agra. 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. Learned counsel for the applicant has contended that co-accused person, Salman Alvi, has been granted anticipatory bail by this Court on 11.12.2023 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 12977 of 2023. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has definite apprehension that he may be arrested by the police any time. Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, the applicant is 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 applicant shall be released on anticipatory bail till cognizance is taken by the Court on the 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 Court with the following conditions:-

(i) The applicant shall make himself available for interrogation by the police officer as and when required;

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

(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 S.S.P./S.P./C.P./A.C.P. concerned. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 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 applicant. The applicant is directed to produce a certified copy of this order of this Court before the S.S.P./S.P./C.P./A.C.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order. Order Date :- 11.12.2023 Rohit High Court of Judicature at Allahabad