Mohammad Hasib Khan Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2475 of 2024

Mohammad Hasib Khan

Versus .....Applicant(s)
State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
Counsel for Applicant(s) : Rajiva Dubey, Mohan Singh Counsel for Opposite Party(s) : G.A.

¶5

Court No. - 13

¶6

HON'BLE SUBHASH VIDYARTHI, J.

¶7

Heard Sri Rajiva Dubey, the learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A.-I appearing on behalf of the State and perused the records.

¶8

The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 05.11.2024:

¶9

"Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶10

The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 367 of 2023, under Sections 147, 306, 504, 506 of IPC Police Station- Dargah Shareef District-Bahraich.

¶11

The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that applicant is father-in-law of the deceased and there is no proximity of any abetment to commit suicide. He added that the death occurred in the house of the deceased and the present applicant is no way involved in committing offence. He also added that since, there is matrimonial dispute in between the parties and several cases were instituted and therefore, being inimical, he has been implicated in the present matter. He also added that the applicant has no criminal history which has been mentioned in paragraph no. 35 of the affidavit filed in support of the anticipatory bail application and there is acute apprehension that police will arrest him thus, submission is that the applicant

¶12

ABAIL No. 2475 of 2024

¶13

2

¶14

may be granted anticipatory bail.

¶15

On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the matter is serious in nature and the applicant is named in the first information report thus, the applicant is not entitled for any relief.

¶16

Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Mohammad Hasib Khan shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶17

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

¶18

(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;

¶19

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

¶20

(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

¶21

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

¶22

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

¶23

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶24

List/put up this matter in first week of December, 2024.

¶25

In the meantime, learned counsel for the State may file counter affidavit."

¶26

The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet. The applicant has filed rejoinder affidavit.

¶27