Mo. Raish v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2821 of 2023 Applicant :- Mo. Raish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Durgesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Durgesh Mishra, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, 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. 330 of 2023, under Sections 34, 147, 149, 323, 307, 504, 506 I.P.C., registered at Police Station Aaspur Devsara, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on

19.09.2023 at 21:09 hours against eight persons, including the applicant, alleging that because of an old animosity, the accused persons had assaulted the informant at about 05:00 pm on 18.09.2023 and when some other persons tried to save him, they were also beaten up.

¶4In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history.

¶5Prior to lodging of the F.I.R in question, an F.I.R No. 329 of 2023 was lodged from the applicant's side at 14:14 hours on 19.09.2023 against the present informant Aslam and three other persons alleging assault made by them causing injuries to the applicant and another person. Three persons from the informant's side have received injuries in the incident and the applicant and co-accused Ajaharuddin have also received numerous injuries in the incident.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have occurred at about 05:00 pm on 18.09.2023 and the F.I.R has been lodged at 21:09 hours on

19.09.2023 after an F.I.R was lodged as per the applicant's side at about 17:14 hours on 19.09.2023; that the applicant and another person from his side have received numerous injuries in the incident and that the applicant has no previous criminal history 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.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant-Mo. Raish 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; (Subhash Vidyarthi, J.) Order Date :- 8.12.2023/Preeti. High Court of Judicature at Allahabad, Lucknow Bench