Arman and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2888 of 2023 Applicant :- Arman And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Nalin Arora,Anubhav Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Nalin Arora, the learned counsel for the applicants as well as Sri Rakesh Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 145 of 2021, under Sections 323, 504, 308 IPC, Police Station Hargaon, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.03.2021 against four persons, including the applicants, alleging that because of an old animosity all the accused persons had abused and beaten up the informant. It is alleged that the co-accused Irfan had assaulted on the head of the informant with a banka causing serious injury on his head.

¶4Medico legal examination report of the victim mentions a solitary injury on the back of head, which is opined to have been caused by a blunt object. No abnormality has been detected in the x-ray examination of the victim.

¶5In the statement of the victim recorded under Section 161 Cr.P.C., he stated that all the accused persons had assaulted him with kicks, fists and sticks and he did not level the allegation of of assault by banka against the applicants.

¶6The investigation already stands completed and a charge sheet has been submitted on 04.04.2021.

¶7In the affidavit filed in support of the application it has been contended that the applicant are innocent, they have falsely been implicated in the present case and they have no criminal history.

¶8Co-accused Shakil Ahmad has already been granted anticipatory bail by means of an order dated 11.12.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2837 of 2023.

¶9The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶10Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges assault made by a co-accused with a banka, which allegation is not supported by the medico legal examination report of the victim and which allegation has already been retracted by the informant in his statement and that the co-accused against whom the allegation of assault with banka was levelled, has already been granted anticipatory bail that the applicants have cooperated during investigation and investigation stands completed and they were not arrested during investigation 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 applicants during pendency of the trial.

¶11In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-(i) Arman and (ii) Furkan before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail during pendency of the trial on their 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 applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicants 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 applicants shall not pressurize/ intimidate the prosecution witness. Order Date :- 15.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench