Allahabad High Court
Faraz Usmani vs State Of U.P. And Another on 12 May, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:103778 Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11067 of 2022 Applicant :- Faraz Usmani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Krishna Roy,Mohd. Saeed Siddiqui,Rajvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Short counter affidavit filed today by the learned AGA is taken on record.
2. Heard learned counsel for the applicant as well as Sri Nitin Kesarwani, learned AGA for the State and also perused the material available on records.
3. The applicant is seeking anticipatory bail in connection with Case Crime No. 176 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506 & 120-B of IPC, Sections 3/4/5 of Explosives Substance Act, Section 7 of Criminal Law Amendment Act, Section 83(2) of Juvenile Justice (Care and Protection of Children) Act and Sections 3/4 of Prevention of Damages to Public Property Act, Police Station- Kareli, District- Prayagraj.
4. At the very outset, learned counsel for the applicant has claimed parity with the co-accused Umar Khalid, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.11066 of 2022 vide order dated 27.03.2023. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail till the submission of police report, the applicant is also entitled for the same on the ground of parity. Learned counsel has also stated that the applicant has no criminal history.
5. The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of the parity to the co-accused and also the fact of no criminal history assigned to the applicant, have not been disputed by him.
6. Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.
7. Accordingly, the anticipatory bail application is allowed with following directions:-
(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 them from disclosing such facts to the Court or to any police officer; and (D) The applicant shall not leave India without the previous permission of the Court.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(Justice Krishan Pahal) Order Date :- 12.5.2023 Siddhant