Julfkar and Another Vs State of U.P.

Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11125 of 2022

Applicant :- Julfkar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ram Kumar Dubey, learned counsel for the applicant, Sri O.P. Mishra, learned AGA for the State and perused the papers on record.

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The present application has been moved seeking anticipatory bail in Case Crime no.43 of 2021, under Sections 147,148,504,506,354,354, 354kha, 323,324,325 and 452 I.P.C., P.S. Dilari, District Moradabad with the prayer to enlarge them on anticipatory bail.

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As per prosecution case, the applicants entered into house of the informant and hit the members of his family with lathi-danda, sariya, hashiya and countrymade pistol and caused injuries them. They also molested the women folk in the house.

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It is contended on behalf of the applicants that they have been falsely implicated and they have no criminal antecedent. In fact, from their side an F.I.R. was lodged against the informant and his family members earlier than the F.I.R.of present case. They have been, later on after deliberations implicated in this case showing petty quarrel on the issue of sale of meat. It is also contended that in case crime no.42 of 2021, under Sections 147, 148,149,504, 354,323,324,307,506 and 452 I.P.C., P.S.Dilari,District Moradabad Mustqeem and three others from the side of the first informant have been granted anticipatory bail by another Bench of this Court vide order dated 22.09.2022 passed in Criminal Misc.Anticipatory Bail Application No.7690 of 2022. In such circumstances, as chargesheet has been submitted and there is no chance of them fleeing from the process of law, therefore, applicants may be granted anticipatory bail.

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Learned A.G.A. has opposed the anticipatory bail. However, this is conceded that other side has already been granted anticipatory bail in the cross F.I.R. lodged by the present applicant.

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In view of the above, I find it a fit case to give benefit of anticipatory bail to the applicants, hence, the anticipatory bail application of the applicants is allowed.

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Let the applicants Julfikar and Furkan involved in the aforesaid case crime number be released on anticipatory bail on furnishing personal bond of Rs.1,00,000/- (Rupees one lac) each and two sureties of the same amount before the court concerned subject to the conditions as below:-

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(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the applicants shall not, directly or indirectly make any

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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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(iii) that the applicants shall not leave India without previous permission of the court;

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(iv) that the applicants shall not tamper with the evidence during the trial;

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(v) that the applicants shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted.

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In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 5.1.2023

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Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Julfkar and Another v. State of U.P.

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Julfkar and Another v. State of U.P.

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