Allahabad High Court
Mohd. Sami And Another vs State Of U.P. And Another on 28 August, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:137510 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7785 of 2024 Applicant :- Mohd. Sami And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pooja Singh,Rajesh Yadav Counsel for Opposite Party :- G.A.,Irshad Ahmad Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, Sri Irshad Ahmad, learned counsel for the informant-opposite party no.2 and Sri Neeraj Kumar Sharma, learned AGA. Perused the material available on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 360 of 2024, under sections 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Amroha Nagar, District- Amroha.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicant no.1 is the brother of applicant no.2. Earlier, the applicant no.2 filed a suit, being Original Suit No. 242 of 2023 (Mohd. Azim v. Allahtala Waqf and others) in the Court of the Civil Judge (Junior Division), Amroha for restraining the opposite party no. 2/informant and another from dispossessing him from the said shop. The said suit is still pending consideration. In counter blast to the said proceedings, the instant prosecution has been instituted against the applicants only for the purposes of harassment. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.
4. Learned A.G.A. and counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.
6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that a civil suit is pending in the Court concerned between the applicant no.2 and the informant, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.
7. In the event of arrest, the applicants- Mohd. Sami and Mohd. Azeem be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- 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 applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) The applicants 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 officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
8. 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 applicants.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
11. The application stands disposed of.
Order Date :- 28.8.2024 Lbm/-