Allowed

Bhura @ Farman v. State of U.P. and Another

Allahabad HC18 Oct 2024ABAIL/10114/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. for offences including Sections 307 and 506 IPC arising from Case Crime No. 57 of 2017, P.S. Mawana, Meerut. Granted on the ground of parity with co-accused Sandeep who had already received anticipatory bail, with conditions.

What did the court decide?

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

Bhura @ Farman vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:191765

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10114 of 2024

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Applicant :- Bhura @ Farman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case No. 26037 of 2018, having Case Crime No. 57 of 2017, under Sections 147, 336, 353, 427, 307, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Mawana, District Meerut, with a prayer to enlarge him on anticipatory bail.

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At the very outset, learned counsel for the applicant has stated that the applicant has the apprehension of his arrest and has claimed parity with the co-accused Sandeep, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 11915 of 2022 vide order dated 12.12.2022.

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The criminal history of the applicant stands explained vide supplementary affidavit. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail, the applicant is also entitled for the same on the ground of parity.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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In the judgement of Prabhakar Tewari Vs. State of U.P. and Another, 2020 (11) SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused may

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itself cannot be a basis for refusal of bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825 without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application of the applicant is allowed on the ground of parity.

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In the event of arrest of the applicant, Bhura @ Farman 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 the previous permission of the court;

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iv. that in case, the charge-sheet is submitted, the applicant shall not tamper with the evidence during the trial;

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v. that the applicant shall not pressurize/ intimidate the prosecution witness;

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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 anticipatory bail of 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 :- 6.12.2024 Shalini

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(Justice Krishan Pahal)

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Bhura @ Farman v. State of U.P. and Another

Case brief

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Bhura @ Farman v. State of U.P. and Another

Case brief

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