Court granted anticipatory bail to applicants in a criminal case involving unlawful assembly, grievous hurt, and cheating, noting settlement by parties and citing Supreme Court precedent.
Anticipatory bail granted subject to personal bond with two sureties each and compliance with conditions regarding interrogation, inducement, and absence from the country.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4832 of 2022
Applicant :- Arif And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Upadhyay,Ayyaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicants, in Case Crime No.63 of 2022, under Sections 147, 148, 149, 323, 504, 307, 506, 427 IPC, Police Station Civil Lines, District Aligarh.
Learned counsel for the applicants submits that according to the FIR version on 15.2.2022 at about 8:00 p.m. when informant was sitting at his grocery shop, applicants and other co-accused armed with country made pistol and iron rod came and asked about his brother by abusing fired and assaulted him by rod. Informant narrowly escaped from the fire of Jahoor and Furkan shot informant with his country made pistol at temporal region due to which he became blooded. They also caused damage to his shop, on alarm, neighbour Ehsan, father of the informant and others came there and all the accused persons by giving threatening of dire consequences fled away. He further submits that friend of the applicants Nasruddin lodged the FIR against the brothers of informant, Rashid, Danish and Salim with a difference of 19 minutes with regard to happening of incident at 7:00 p.m. He next submits that matter also has been settled between the parties and an affidavit was moved by the informant. He further submits that applicants have been falsely implicated in the case, hence, this anticipatory bail application with above prayer.
Learned A.G.A. opposed the bail prayer of the applicants but could not dispute the factual aspects.
Having heard and gone through material placed on record. registration of FIR from both sides as well as affidavit filed to the aspect that settlement between the parties arrived and law laid down by Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.
It is directed that, in case of arrest, the applicants Arif, Altaf, Pappu and Nasim @ Nasiruddin be enlarged on anticipatory
bail in above case crime number till disposal of the case before the competent court on furnishing personal bond and two sureties each of like amount to the satisfaction of Station House Officer of police station/court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave the country 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/Court concerned.
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
This anticipatory bail application is allowed.
Order Date :- 9.6.2022
m.a.
Digitally signed by MOHAMMAD AYYUB Date: 2022.06.09 17:49:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants under Section 438 Cr.P.C. considering the settlement between parties and settlement affidavit filed.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶8
Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Arif And 3 Others
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
