Anwar and 4 Others v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2929 of 2023 Applicant :- Anwar And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Pankaj Gupta,Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pankaj Gupta, the learned counsel for the applicants as well as Sri Akhilesh Kumar Vyas, 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.22 of 2016, under Sections 429 I.P.C. 9/51 Wild Life (Protection) Act, registered at Police Station Thangaon, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2016 against 11 persons, including the applicants, stating that the police arrested 5 persons while they had slaughtered a nilgai in a sugarcane field. Arrested persons told that 6 other persons, including the applicants, were also involved in commission of the offence and they had escaped. No independent witness has witnessed the recovery.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case.

¶5The applicants had been granted benefit of Section 41A Cr.P.C. and thereafter a charge-sheet has been submitted on 18.03.2016 and they came to know about the proceedings only when the police visited their place on 02.10.2023.

¶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 applicants have been implicated solely on the basis of custodial statement of the co-accused persons; that they were not arrested during investigation; that a charge-sheet has already been submitted in the present case; that that the offences alleged carry a maximum punishment up to 3 years 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.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Anwar, Ibrahim, Akbar, Ayyam @ Rijvan & Rajoo @ Rajju before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail 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; (Subhash Vidyarthi, J.) Order Date :- 18.12.2023/prateek High Court of Judicature at Allahabad, Lucknow Bench