Single judge allowed anticipatory bail to applicant in a criminal case involving IPC sections 323, 324, 504, 506, and 307, citing pandemic jail overcrowding and finding submissions on false implication forthcoming.
Anticipatory bail granted in Case Crime No.165 of 2021 subject to personal bond with two sureties and specific conditions.
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Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1073 of 2022
Applicant :- Shanu @ Shan Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Azhar Hussain, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No.165 of 2021 under Sections 323, 324, 504, 506 and 307 IPC, Police Station-Lohamandi, District-Agra.
Shri Azhar Hussain, learned counsel for the applicant contends that the applicant has been falsely implicated in the case. The criminal case arises out of a dispute of waqf property. The applicant had taken out the proceedings against the encroachment of waqf property. He riled several powerful people. The criminal case is being leveraged to force the applicant to withdraw the complaints made against the encroachment of waqf property. All injuries are simple in nature. Prior to the instant case, the applicant did not have any criminal history. Lastly it is contended by the
learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. However, he points out that the applicant has a criminal history registered as Case Crime No.149 of 2021 under Sections 323, 452, 504, 506 IPC.
Rejoining the issue, Shri Azhar Hussain, learned counsel for the applicant contends that the applicant has been falsely implicated in the said case by the informant and his adherents only to make him to withdraw the proceedings in respect of waqf property. The applicant was also nominated in Case Crime No.214 of 2021 under Sections 147, 148, 149, 323, 307, 452, 504, 506, 188 IPC and Section 3/4 of the Epidemic Diseases Act, 1897. The final report has been filed in the aforesaid case absolving the applicant. The said criminal case does not depict any criminal traits and there is no possibility of the applicant reoffending. The aforesaid case has no bearing on the instant case.
Courts have taken notice of the overcrowding of
jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.
The applicant-Shanu @ Shan Mohammad is granted anticipatory bail in Case Crime No.165 of 2021 under Sections 323, 324, 504, 506 and 307 IPC, Police Station-Lohamandi, District-Agra, till the submission of the charge-sheet on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall attend the Court proceedings as and when required.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.
In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.
The applicant is directed to produce a copy of this order before the S.S.P./S.P., who shall ensure the compliance of present order.
Order Date :- 17.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.18 15:10:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in Case Crime No.165 of 2021.
Colour shows how this judgement treated each authority
SuomotuWritPetition(c)No.1/2020,ContagionofCOVID19VirusinprisonsbeforetheSupremeCourtofIndiaReferred¶13
Shanu @ Shan Mohammad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
