Allahabad High Court
Mirza Shahid Beg vs State Of U.P And Another on 6 February, 2023
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 225 of 2023 Applicant :- Mirza Shahid Beg Opposite Party :- State Of U.P And Another Counsel for Applicant :- Muqeem Ahmad Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R. No. 36 of 1998, under Sections 147, 148, 149, 307, 435, 504, 338, 336, 188, 34 I.P.C. and 7 of the Criminal Law Amendment Act, 1932, at Police Station- Phoolpur, District Azamgarh, with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicant has submitted that the case of the applicant is at par with that of the co-accused person, Akbar Ahmad @ Akbar Ahmad Dumpy, who has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 11.10.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7975 of 2022. Therefore, the present applicant is also entitled to be enlarged anticipatory bail. Learned counsel has further submitted that the applicant has no previous criminal history. Learned counsel for the applicants undertake that applicant will cooperate in the investigation failing which the State can move appropriate application for cancellation of the order granting anticipatory bail to the accused-applicant.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of the parity to the co-accused and of no criminal history of the applicant have not been disputed by him.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-(2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed.
It is provided, let the accused-applicant Mirza Shahid Beg be released on anticipatory bail in the aforesaid case crime (supra) on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned which should be furnished within ten days from today, with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required, if it is so required for further investigation if any.
2. that 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 officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 6.2.2023 Kumar Manish.