WRIT PETITION 28462 of 2017 on 20 December 2017

1. Supplementary affidavit filed by applicant is taken on record.

2. Heard Sri Naman Kishor Sharma, learned counsel for theapplicant and Sri Ajeet Madhesia, learned brief holder for theState.

3. The present anticipatory bail application has been filed onbehalf of the applicant in F.I.R./Case Crime No. 628 of 2017,under Sections 147, 148, 149, 307, 323, 324, 504 IPC, PoliceStation Nawabganj, District Bareilly, with a prayer to enlarge himon anticipatory bail.

4. Learned counsel for the applicant submitted that on the basis offalse allegation, applicant has been made accused in the presentmatter along with as many as 26 named persons and 50 unknownpersons. He further submitted that it is a case, which was lodgeddue to election enmity.

5. He further submitted that when applicant along with otherschallenged the FIR of the present case before this Court inCriminal Misc. Writ Petition No.28462 of 2017 then DivisionBench of this Court on 20.12.2017 stayed their arrest.

6. He further submitted that however, charge sheet against theapplicant has been filed in the year 2018 and applicant wassummoned in the year 2020 but he resided in Lucknow andsummons could never be served upon him and as soon as he cameto know that coercive measures are being taken against him thenhe approached the court concerned and applied for anticipatorybail but his anticipatory bail application has been dismissed.

7. He further submitted that two similarly placed co-accusedRashid Master and Jafaruddin Mansoori have already beenreleased on anticipatory bail by this Court vide order dated16.01.2024 passed in Criminal Misc. Anticipatory Bail ApplicationU/s 438 Cr.P.C. No. 10011 of 2023.

8. He further submitted that applicant is having apprehension, if hewill appear before the court concerned then he will be sent to jail.

9. He further submitted that as charge sheet against the applicanthas already been submitted, therefore, there is no occasion for hiscustodial interrogation.

10. Per contra, learned A.G.A. however, opposed the prayer forgrant of anticipatory bail but could not dispute the argument onfacts advanced by learned counsel for the applicant.

11. I have heard both the parties and perused the record of thecase.

12. Considering the argument advanced by learned counsel for theapplicant and the fact that during investigation, arrest of theapplicant was stayed by Division Bench of this Court and similarlyplaced two co-accused have already been released on anticipatorybail by this Court and apprehension of custody/ arrest raised byapplicant cannot be completely ruled out at this stage, in my viewapplicant is entitled to be released on anticipatory bail tillconclusion of trial.

13. Accordingly, without expressing any opinion on the merits ofthe case, the instant anticipatory bail application is allowed.

14. In the event of arrest of the applicant, Anas Jahir Alias AnasTahir involved in the aforesaid case crime number, shall bereleased on bail till the conclusion of trial on furnishing a personalbond with two sureties each in the like amount to the satisfactionof the Presiding Officer/Court Concerned, with the conditionsthat:-

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

ii. that the applicant shall not, directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case so as to dissuade him from disclosing such facts to

iii. that the applicant shall not leave India without previouspermission of the court;

iv. that the applicant shall not tamper with the evidence during thetrial;

v. that the applicant shall not pressurize/ intimidate the prosecutionwitness;

vi. that the applicant shall appear before the trial court on each datefixed unless personal presence is exempted;

15. In case of breach of any of the above conditions, the courtconcerned shall have the liberty to cancel the bail granted to theapplicant.

16. It is made clear that observations made in granting anticipatorybail to the applicant shall not in any way affect the learned trialJudge in forming his independent opinion based on the testimonyof the witnesses.

Order Date :- 16.1.2025KK Patel