Allahabad High Court
Umar Khalid vs State Of U.P. And Another on 27 March, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11066 of 2022 Applicant :- Umar Khalid 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 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. 176 of 2022, under sections- 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 307, 332, 353, 435, 427, 504, 505(2), 506, 120B, I.P.C., Section 4/5 Explosive Substance Act, Section 7 CLA Act, Section 83 Juvenile Justice Act and Section 3/4 The Prevention of Damages to Public Property Act Police Station- Kareli, District- Prayagraj.
Facts in brief are that on 10.06.2022 at the time of Namaz of Zuma in mosques at about 3 'o' clock, some persons misbehaved with the police personnel and also pelted stones and bombs regarding which an F.I.R. was lodged by Sub-Inspector Arvind Kumar against the 11 known and more than 250 people unknown for committing the offence.
It is submitted by learned counsel for the applicant that in this case, the name of this applicant was brought into light during the investigation without any evidence only as the applicant being related to a particular community. It is also submitted that in this case, interim protection was granted by this Court by order dated 27.09.2022 but till now investigation has not been concluded and no charge sheet has been submitted. On the other hand, applicant is continuously cooperating with the investigation. Lastly, it is submitted that the applicant is under apprehension of imminent arrest, therefore 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.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned AGA and perusal of record, it appears that the applicant was granted an interim protection in this anticipatory bail application by this Court by order dated 27.09.2022 and till now no any complaint has been made on behalf of the I.O. regarding non-compliance of direction imposed on him by this Court or non-cooperation with the investigation. Since, investigation has not been concluded till now, therefore, applicant is granted anticipatory bail.
In the event of arrest of the applicant-Umar Khalid, 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 concerned of the police station/ Court 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 :- 27.3.2023 Suraj Srivastav