Athar Abbas 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. - 2691 of 2023 Applicant :- Athar Abbas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Mohd. Shafiq,Mohammad Mustafa Khan,Mohd. Muballi Gussalam Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Mukhtar Alam, the learned counsel for the applicant as well as Sri Gyanendra Singh, the learned Additional Government Advocate 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.506 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., 2/3 Prevention of Damage to Public Property Act, 1984 registered at Police Station Bilgram, District Hardoi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.10.2020 against four persons, including the applicant, alleging that co-accused persons had executed a sale deed in respect of paved public road.

¶4Initially, the investigating officer submitted a final report after instigation but the Circle Officer did not agree with the report and further investigation was carried out by another investigating officer, who submitted charge-sheet against two persons and the investigation against the applicant and another person is still pending.

¶5In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, and he has falsely been implicated in the present case. A supplementary affidavit has been filed disclosing his involvement in another case in which he has been granted bail by the Sessions Court by means of the order dated

15.07.1995.

¶6A copy of the report submitted by the tehsildar has been annexed with the affidavit as per which land bearing Gata No.506/2 is recorded as public pathway and the remaining portion of the aforesaid gata continues to be held by the applicant. The applicant claims to have executed the sale-deed in respect of land other than paved public pathway.

¶7Co-accused Rehan Haider Rizvi and Rifakat Hussain have been granted bail by means of an orders dated 28.08.2023 and 13.10.2023 by the Sessions Court.

¶8The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

9.. Having 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.

¶10In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Athar Abbas 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 :- 23.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench