Allowed

Shahjad @ Shahjad Khan v. State of U.P. and Another

Allahabad HC21 Sept 2023ABAIL/8551/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in an abduction case. The court applied the principle from Sushila Aggarwal, allowing bail while imposing standard conditions regarding appearance, interference with evidence, and movement out of India, with liberty to cancel bail on breach.

What did the court decide?

Granted anticipatory bail till conclusion of trial on personal bond with two sureties, subject to specified conditions.

Shahjad @ Shahjad Khan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:182822

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8551 of 2023

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Applicant :- Shahjad @ Shahjad Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.,Rakesh Kumar

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Hon'ble Krishan Pahal,J.

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Heard Sri Ram Janam Shahi, learned counsel for the applicant and Sri Rakesh Kumar, learned counsel for the informant as well as Sri V.K.S Parmar, learned A.G.A. for the State and also perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 214 of 2022, under Sections 452, 368, 323, 120-B of IPC, Police Station Jalalabad, District Shahjahanpur, with a prayer to enlarge him on anticipatory bail.

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It has been informed that the bail application of co-accused person Arif was heard and decided by the Bench of Hon'ble Mr. Justice Subhash Chandra Sharma vide order dated 17.05.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.2006 of 2023. The present matter was also put up before the said Bench but the matter was released, as such, it has come before this Court after nomination.

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As per prosecution story, the applicant along with other co-accused person Arif and one unknown person is stated to have abducted the daughter of the informant on 20.03.2022 at about 03:00 AM.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the final report has been submitted in the matter and no allegation of rape has been found against the applicant. As per the statement of the victim recorded u/s 164 Cr.P.C., the injury has been caused by co-accused Arif and the victim was taken to Ghaziabad by Arif along with one Faizan. There are no allegations against the applicant of having prepared any fake documents. Learned counsel has further stated that the case of the applicant is at a different footing to the case of co-accused person Arif.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

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On the other hand, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Shahjad @ Shahjad Khan involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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

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

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iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant 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 concerned 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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(Justice Krishan Pahal)

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Order Date :- 21.9.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Shahjad @ Shahjad Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shahjad @ Shahjad Khan v. State of U.P. and Another

Case brief

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What did the court decide?

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