Indal @ Indal Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2430 of 2023 Applicant :- Indal @ Indal Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

1.Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicant as well as Sri Anant Pratap Singh, learned A.G.A. appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 108 of 2023, under Sections 307, 34 I.P.C., registered at Police Station Hanswar, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.06.2023 by the Station House Officer against 12 persons, including the applicant, alleging that on the basis of information received from a mukhbir, a police party apprehended some persons whereupon they started firing shots towards the police party. No person from the police party suffered any injury in the incident and the police arrested four persons. In their custodial statement, they named seven other persons, including the applicant.

¶4In the affidavit filed in support of the anticipatory bail application, the applicant's previous criminal history of three cases has been disclosed, in all of which the applicant has been granted bail. It has also been submitted that the co-accused Mohd. Waseem Khan has already been granted anticipatory bail by this court by means of an order dated 11.08.2023, passed in Criminal Misc. Anticipatory Bail Application No.1785 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges firing by unspecified persons in the dark hours; that the applicant has been implicated solely on the basis of custodial statement of co-accused persons; that no person has received injury in the incident and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶7In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant-Indal @ Indal Prasad before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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 or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 1.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench