Allahabad High Court
Guddu vs State Of U.P. And Another on 15 February, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11960 of 2022 Applicant :- Guddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Mohd Akram Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.118 of 2022, under sections 143, 144, 145, 147, 148, 142, 149, 153A, 153B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120B I.P.C. & Section 4/5 Explosive Substance Act & 7 Criminal Law Amendment & Section 83 Juvenile Justice Act & Section 3/4 Prevention of Damage to Public Property Act, Police Station Khuldabad, District Prayagraj, during the pendency of investigation.
Facts in brief are that on 10.06.2022 at the time of Jumma Namaz police persons were discharging their duties, in the meantime, the crowd of people started chanting slogans for inciting ill-will among the people and also started pelting stones on police party and P.A.C. force and some vehicles were also set at fire. In this regard an F.I.R. was lodged by the police against 17 named and 5000 unknown persons.
It is submitted that the applicant is innocent and has falsely been implicated in this case by the police only on the basis of suspicion as he was not arrested from the place of occurrence. Neither he committed any offence nor he was present in the alleged incident. It is also submitted that co-accused Umar Khalid, Shah Alam, Fazal Khan Parshad, Mohammad Zeeshan and Dilshad Ahmad have already been enlarged on anticipatory bail by co-ordinate Benches of this Court and the case of the present applicant is on similar footing to that of aforesaid co-accused persons. The criminal history of the applicant has been explained through supplementary affidavit. Since investigation is going on, the applicant is under apprehension of imminent arrest so requested for anticipatory bail. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned A.G.A. opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the fact other co-accused persons have already been enlarged on bail and the case of this applicant is on similar footing, therefore applicant is also entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Guddu, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 15.2.2023 Ashok Gupta