Kayoom @ Mohd. Kayoom v. State Of U. P. Thru. Prin. Secy. At Home Lko
2024-09-24
KARUNESH SINGH PAWAR
body2024
DigiLaw.ai
JUDGMENT : Karunesh Singh Pawar, J. 1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.047 of 2024, under Sections 147, 148, 323, 504, 506, 307 IPC, Police Station Lilapur, District Pratapgarh. 2. Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant. 3. This Court while giving interim protection has passed the following order on 02.09.2024:- "The present application has been filed by the applicant Kayoom @ Mohd. Kayoom seeking anticipatory bail in Crime No.047 of 2024 under Sections 147, 148, 323, 504, 506, 307 I.P.C., Police Station Lilapur, District Pratapgarh. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. In the prosecution case it is alleged that on 3.2.2024 at around 5.30 p.m. while Imran was returning from Lilapur the accused persons named in the F.I.R. along with two unknown armed with lathi and danda and illegal weapons have beaten him. Learned counsel for the applicant submits that during course of same day, the injured Imran has registered two F.I.R.'s and the injuries received by him are simple injuries. Prosecution case appears to be highly improbable. The co- accused Niyaz Kayoom has been granted interim protection by this Court vide order dated 20.8.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1850 of 2024. The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Perused the record.
The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Perused the record. On due consideration to the nature of the injury received by the injured and the fact that regarding the same incident two F.I.R's have been lodged on the same day, 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. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail 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 on the following conditions:- (i) the applicant shall make himself available for interrogation as and when required; (ii) 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; and (iii) the applicant shall not leave India without the previous permission of the Court. List on 10.9.2024 along with CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1850 of 2024. In the meantime, learned A.G.A. shall file objections/Counter Affidavit." Learned counsel for the applicant submits that the applicant has filed bonds in compliance of the order dated 02.09.2024 passed by this Court. He has cooperated in the investigation and further undertakes to cooperate in the investigation. 4. Learned A.G.A. as well as learned counsel for the complainant has opposed the bail application submitting that investigation in the matter is pending. 5. Considering the interim protection granted by this court vide order extracted above, so also considering the undertaking given by the applicant that he shall cooperate in the investigation and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6. The application is allowed accordingly.