Allahabad High Court
Mohd. Wahid Alias Wajid And Another vs State Of U.P. on 5 June, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2727 of 2020 Applicant :- Mohd. Wahid Alias Wajid And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Deep Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard learned counsel for the applicant and learned AGA through Video Conferencing.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Mohd. Wahid @ Wajid and Mohd. Iqbal @ Bala, in Case Crime No. 178 of 2019, under Sections 406, 342, 392, 504, 506, 354 IPC, Police Station - Mirzapur, District - Saharanpur.
Sufficient notice of this application has been given to the Government Advocate, but no objection has been filed. Hence there is no justification for granting further time to learned AGA as per Section 438 (3) Cr.P.C. (U.P. Amendment). Application is being decided finally.
FIR has been lodged on 27.7.2019 by the informant regarding the incident, which took place in the year 2013. It has been submitted that there is no explanation for such a long delay. The dispute is regarding money demanded in lieu of execution of work. There is also allegation that applicants snatched all the bills on the gun point. It has further been submitted by learned counsel for the applicant that it is a delayed FIR concocted for the purpose of implication of the applicant. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.
In the event of arrest of the applicants 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 furnishing a personal bond of Rs.25,000/- 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 the 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 office;
(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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 5.6.2020 Ruchi Agrahari