Allowed

Mohammad Sartaj v. State of U.P Thru. Prin. Secy. Civil Secrt. Lko. and Another

Allahabad HC29 Jul 2024/1448/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, made an interim anticipatory bail order under Section 438 Cr.P.C. absolute. The applicant, Mohammad Sartaj, faces charges including Sections 323, 504, 506, and 307 IPC. The court relied on the case of Sushila Aggarwal for dictum and imposed standard conditions including cooperation with investigation and restriction on leaving India.

What did the court decide?

Maintained the interim protection granted; provided that upon arrest, the applicant shall be released on anticipatory bail subject to furnishing bond and sureties.

Mohammad Sartaj Vs State of U.P Thru. Prin. Secy. Civil… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51446

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1448 of 2024

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Applicant :- Mohammad Sartaj Opposite Party :- State Of U.P Thru. Prin. Secy. Civil Secrt. Lko. And Another Counsel for Applicant :- Anand Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in Case Crime No.139 of 2024, under Section 323, 504, 506, 307 Indian Penal Code, Police Station Kotwali Cantt., District Faizabad/Ayodhya.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The co-ordinate Bench of this Court while granting interim protection vide order dated 31.05.2024 has passed the following order:-

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"Heard learned counsel for the applicant and learned A.G.A. for respondent State.

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Issue notice to respondent no.2 returnable at an early date. Learned counsel for the applicant submits that perusal of the statement under Section 161 Cr.P.C. of the prosecution witness particularly the injured no specific role has been assigned to the present applicant. Injuries are simple in nature. There is no x-ray or CT scan report in this case. At the most the offence will not travel beyond Section 323, 504,506 IPC. The F.I.R. was lodged on 14.4.2024. The Investigating Officer strangely took an application from the complainant dated 10.5.2024 and on that basis added Section 307 IPC without there being any material in support thereof. The applicant has no criminal history. He undertakes to cooperate in the investigation.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record, statement of the injured, injury report and the fact that the applicant has no criminal history as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in Case Crime No. 139 of 2024 under Section 323, 504, 506, 307 Indian Penal Code, Police Station Kotwali Cantt., District Faizabad/Ayodhya on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." Learned counsel for the applicant submits that applicant has no criminal history, there is no material with the prosecution to justify adding of Section 307 IPC, injury received by injured are simple in nature, no abnormality has been deducted in the X-ray of the injured persons.

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Learned A.G.A. has vehemently opposed the bail application.

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On due consideration to the submissions advanced, perusal of the record so also the fact that applicant has no criminal history, statement as well as injury report of the injured persons and the fact that applicant has cooperated in the investigation, the interim protection granted by this Court vide order dated 31.05.2024 is made absolute in view of dictum of Apex Court

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in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC

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online SC 98.

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In view of the above, it is provided that in the event of arrest, the applicant- Mohammad Sartaj shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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The application disposed of.

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Order Date :- 29.7.2024 Saurabh Yadav/-