Aamir Faheem Vs State of U.P. and 2 Others

Court No. - 66

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1053 of 2020

Applicant :- Aamir Faheem Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nayab Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, Sri A.K. Singh, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that the applicant is a R.T.I. activist and he had made certain complaints with regard to misappropriation of fund near about 50 lacs by the Nagar Palika Parishad; the applicant has also posted news in this regard on his twitter account due to which he has been falsely implicated in this case. As per the F.I.R., which has been lodged by one Harish Kumar, Sub Inspector, a large crowd of approximately 200-250 people indulged in procession against the Citizenship Amendment Act, 2019 in which they were armed with bricks, lathi danda, petrol bottles etc. and were violating the promulgation of provision of section 144 of Cr.P.C. and in this process, injuries were caused to the police personnel. Learned counsel submitted that general and omnibus role has been attributed to the applicant and other named accused including co-accused Javed Aftab and Parvez Aftab, who were granted anticipatory bail by another Bench of this Court in Anticipatory Bail Application no. 716 of 2020 vide order dated 28.1.2020. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant had formed unlawful assembly and indulged in procession of C.A.A. and had caused loss to the government property.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Aamir Faheem involved in Case Crime No. 0282 of 2019, u/s 143, 147, 149, 151, 153-A, 188, 120-B, 353, 336, 427 IPC ,P.S. Mubarakpur, District Azamgarh, shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court concerned on the following conditions.

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1.that the applicant shall make himself available for interrogation by a police officer as and when required;

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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;

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3.that the applicant shall not leave India without the previous permission of the court;

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4.that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

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5.that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;

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6.that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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7.that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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8.that the applicant shall not pressurize/ intimidate the prosecution witness;

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9.that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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10.that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the court of session, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/ committal of the case to the Court of Sessions.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 5.2.2020 Dhirendra/

Aamir Faheem v. State of U.P. and 2 Others

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Aamir Faheem v. State of U.P. and 2 Others

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