Allahabad High Court
Bibvan Begum And 2 Others vs State Of U.P. on 17 July, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:140976 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7912 of 2023 Applicant :- Bibvan Begum And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Haris Khan,Rafiqa Anees Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ms. Rafiqa Anees Khan, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.34 of 2020, registered under Sections 147, 148, 149, 307, 336, 427, 332, 353, 436 I.P.C. and 7 Criminal Law (Amendment) Act, at Police Station- Kotwali Nagar, District Aligarh with a prayer to enlarge them on anticipatory bail.
4. Learned counsel for the applicants has submitted that co-accused person, Hanzla Bashir @ Anjul, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 23.5.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.5201 of 2023. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. There is no criminal history of the applicants. Learned counsel has stated that the applicants undertake that they will cooperate in the trial 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 learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
6. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicants are liable to be enlarged on anticipatory bail on the ground of parity.
7. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Bibvan Begum, Ashma and Shabana be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
8. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.] Order Date :- 17.7.2023 Vikas