Allahabad High Court
Sagir Ahmad And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 13 January, 2023
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 89 of 2023 Applicant :- Sagir Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Vakalatnama filed by Shri Ashok Kumar Shukla on behalf of complainant/respondent no.2 is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the respondent/State as well as Shri Ashok Kumar Shukla, learned counsel for the complainant.
Learned counsel for the applicants submits that he does not want to press the bail application in respect of applicant no.2 the same may be dismissed as not pressed.
In view of the above, the bail application in respect of applicant no.2 is dismissed as not pressed.
Learned counsel for the applicant submits that son of the applicant is the husband of respondent no.2. He is in Sharjah for quite some time and due to this only to exert pressure on the applicant, false story has been concocted and F.I.R. has been lodged and applicant has also been implicated along with the other family members of the applicant by the respondent.
Charge-sheet in this case has been filed. The applicant has cooperated in the investigation. Summons have been issued. The applicant no.1, who is 78 years old, apprehends arrest.
Learned A.G.A. for the respondent/State as well as learned counsel for the complainant have vehemently opposed the bail prayer, however, does not dispute that the applicant no.1 has no criminal history and has cooperated in the investigation.
On due consideration to the arguments advanced; perusal of the record; so also the fact that the applicant no.1 is 78 years old, charge-sheet has been filed, the applicant has undertaken to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant no.1 is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is allowed.
Order Date :- 13.1.2023 Madhu