Allahabad High Court
Mohd. Aqib @ Sonu vs State Of U.P. And Another on 20 September, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:153428 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9572 of 2023 Applicant :- Mohd. Aqib @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. As per the office report dated 22.11.2023, notice has been served upon opposite party no. 2 through his father. However, no one appears on behalf of the opposite party no. 2 nor any counter affidavit has been filed.
2. Heard counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State and perused the material on record.
3. The applicant was granted interim anticipatory bail vide order dated 16.10.2023 by the co-ordinate Bench of this Court. The order is quoted herein below;-
"1. Heard learned counsel for the applicant, learned AGA and perused the material available on record.
2. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant- Mohd. Aqib @ Sonu in Case Crime No. 327 of 2023, under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station - Amroha Nagar, District- Amroha.
3. It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled in the matter are general in nature. It is further submitted that charge-sheet has been submitted in the matter. It is further submitted that a notice under Section 41-A Cr.P.C. has been given to the accused applicant in this matter by the police. Applicant's case is squarely covered under Section 438 Cr.P.C. If the applicant is enlarged on bail, he shall not misuse the liberty and will cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.
4. Learned A.G.A. opposed the prayer.
5. The matter requires consideration.
6. Issue notice to opposite party no.2 returnable within three weeks at the address given in the application. Opposite party no.2 may file counter affidavit within three weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within a week.
7. As an interim protection, till the next date of listing, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-
(i) The applicant shall make himself available before the Court concerned on the date fixed in the matter.
(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 him 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 her before the S.S.P./S.P. Concerned.
8. In case of default of any of the conditions, same may be a ground for cancellation of interim protection granted to the applicant.
9. List this case on 23.11.2023 before the appropriate Court."
3. Thereafter, on 31.08.2024, the following order was passed;
"Case called out. Counsel for the applicant is not present.
Let a report be called from the trial Judge regarding status of the trial within two weeks.
Place this case on 20.09.2024 among top ten cases of the additional cause list.
A copy of this order be communicated to the trial Judge through the learned District Judge, Amroha by the Registrar (Compliance) within 24 hours."
4. As per the report dated 19.09.2024 sent by the Chief Judicial Magistrate, Amroha, charge-sheet against the applicant was filed on 04.09.2024 and on the same date, he has been summoned. the next date fixed is 24.09.2024.
5. Counsel for the applicant contends that the applicant is the husband of the opposite party no. 2 and has been falsely implicated in the instant case. In the alleged incident, the opposite party no. 2/victim has not sustained any injury. Charge-sheet has been submitted. It is next contended that for the offences, the maximum sentence punishment provided is seven years. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial he will not misuse the said liberty.
6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and, in particular, the fact that for the offences, the maximum sentence punishment provided is seven years, further, the fact that no adverse material has been produced by the learned A.G.A. against the applicant. The applicant had cooperated in the investigation. No custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.
8. In the event of arrest, the applicant Mohd. Aqib @ Sonu, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;
(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;
(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 concerned court.
9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
11. The application stands disposed of.
Order Date :- 20.9.2024 Sachin Mishra