Isarar @ Asarar Khan v. State of U.P. Thru. Prin.Secy. Home and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2974 of 2023 Applicant :- Isarar @ Asarar Khan Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Bhairo Nath,Amit Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

1.Heard Sri Amit Bhardwaj, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, 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. 342 of 2023, under Sections 380 I.P.C., registered at Police Station Kotwali Nanpara, District Bahraich.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.06.2023 alleging theft of some jewellery and cash committed on 27.06.2023.

¶4The police claimed to have arrested one Haleem and in his custodial statement, he confessed having committed the theft with two other persons, including the applicant and he stated that all the jewellery has been sold.

¶5The applicant's involvement in five other cases has been disclosed in the affidavit filed in support of the bail application, in four which he has been grnated bail.

¶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 applicant has been implicated in the present case solely on the basis of custodial statement of a co-accused person and that co-accused person has also been implicated solely on the basis of his confession and no incriminating material has been recovered even from his possession and that the co-accused Haleem has already been granted bail by means of an order dated 09.11.2023 passed by the Additional Session Judge, Bahraich 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 applicant is allowed. In the event of arrest/ appearance of applicant-Isarar @ Asarar Khan 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 :- 20.12.2023/Preeti. High Court of Judicature at Allahabad, Lucknow Bench