Allahabad High Court
Arafat @ Arafat Alam vs State Of U.P. And 2 Others on 25 April, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2132 of 2023 Applicant :- Arafat @ Arafat Alam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Faiz Ahmad, learned counsel for the applicant, Sri Rajesh Kumar Srivastava, learned Additional Government Advocate for the State and perused the records.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.118 of 2022, registered under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120-B I.P.C., Section 4/5 of Explosive Substances Act, Section 83 Juvenile Justice Act, Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, at Police Station Khuldabad, District Prayagraj with a prayer to enlarge him on anticipatory bail.
4. Learned counsel for the applicant has submitted that the co-accused persons, Shanu @ Mohd Salman and Shah Alam, have already been granted anticipatory bail by this Court vide orders dated 22.12.2022 and 28.11.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos.13232 of 2022 and 6486 of 2022, respectively. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.
5. The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
6. Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of anticipatory bail on the ground of parity.
7. Accordingly, the anticipatory bail application is allowed with following directions:-
(A) In the event of arrest of the applicant- Arafat @ Arafat Alam involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 her from disclosing such facts to the Court or to any police officer; and (D) The applicant shall not leave India without the previous permission of the Court.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
[Krishan Pahal, J.] Order Date :- 25.4.2023 Vikas