Talat Baqar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2590 of 2023 Applicant :- Talat Baqar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amar Singh, the learned counsel for the applicant, Sri Anurag Verma Singh, the learned AGA-I for the State, Sri Shivam Gupta, learned counsel for informant and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 22 of 2021, under Sections 147, 148, 149, 323, 504, 506, 420, 467, 468, 471, 120-B IPC, Police Station Wazirganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 19.01.2021 against five named persons, not including the applicant and 40-50 unknown persons, alleging that the informant had purchased a property. Co-accused Siraj Durrani, falsely projecting himself to be the owner of the property, executed power of attorney on 04.10.2019 in favour of co-accused Farah S. Ahmad.

¶4The applicant's name did not mention even during investigation till submission of charge sheet and her name has surfaced in further investigation wherein it has come to light that the applicant is the sister of named accused Sirtaj Durrani and she is also involved in commission of offence with the other co-accused persons.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is 68 years old women having no criminal history and she has falsely been implicated in the present case.

¶5Two co-accused persons, namely, Mohmammad Salik and Mohd Musa have been granted bail by this Court vide order dated 28.10.2023 passed in Crl Misc Anticipatory Bail Application No.2379 of 2023. Another co-accused Smt Farah S. Ahmad has also been granted bail by this Court vide order dated 18.08.2023 passed in Crl Misc Anticipatory Bail Application No.1822 of 2023.

¶6Having considered the aforesaid facts and circumstances of the case 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 applicant is allowed. In the event of arrest/ appearance of applicant-Talat Baqar before the learned Trial Court in the aforesaid complaint case, 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 :- 9.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench