Allahabad High Court
Sharafat Ali vs State Of U.P. on 2 August, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:124805 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7579 of 2024 Applicant :- Sharafat Ali Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material placed on record.
2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.29 of 2024, under Sections 286, 336, 338, 304 IPC and Section 9B Explosive Act, Police Station Kokhraj, District Kaushambi.
3. Counsel for the applicant submits that the alleged Fire Works factory was run by the son of the applicant. A valid licence was issued in favour of his son Shahid Ali, who also died in the alleged incident. The licence was valid till 31.03.2027. In the alleged incident two sons of the applicant died. The applicant being father of the owner of the factory, has been falsely implicated in the instant case. He has no concern with the working of the said factory. The alleged incident occurred due to an accident. The injured as well as deceased have been compensated by the State Government under the State Disaster Response Fund. The applicant is 71 years old and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.
4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Learned counsel for the applicant 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 applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact that the alleged license for running the Fire Works factory was issued in the name of the son of the applicant, who also died, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.
7. In the event of arrest, the applicant Sharafat Ali 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 applicant shall make himself available for interrogation by a police officer 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 officer;
(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.
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 applicant.
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 applicant.
10. The applicant is 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 :- 2.8.2024 Lbm/-