High Court

Applicant :- Rais Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain,Arpan Srivastava,Sunil Kumar Chaudhari Counsel for Opposite Party :- Firoz Haider,G.A. Hon'ble Krishan Pahal,J.

1. Rejoinder affidavit filed today is taken on record.

2. Heard Sri Anwar Hussain, learned counsel for the applicant, Sri Firoz Haider, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State and perused the records.

3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.424 of 2023, under Sections 498-A, 323, 342, 506 IPC and Sections 3/4 D.P. Act, at Police Station- Civil Lines, District Moradabad with a prayer to enlarge him on anticipatory bail.

4. The applicant was granted interim protection by this Court vide order dated 22.11.2024 and the following order was passed : "1. Mr. Firoz Haider, Advocate has filed Vakalatnama on behalf of the informant in the Court, which is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the informant/opposite party no. 2, learned A.G.A for the State and perused the record.

3. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 0424 of 2023, under Sections 498-A, 323, 342, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Civil Lines, District- Moradabad, during the pendency of trial.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of the opposite party no. 2/ informant. Opposite Party no. 2/ informant earlier lodged a first information report against the applicant, on similar set of facts, in the year 2020. Further, notice under Section 41-A Cr.P.C. was served to the applicant and now Investigating Officer has submitted charge-sheet against the applicant and Court concerned has taken cognizance. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

5. Learned A.G.A. and learned counsel appearing for the informant are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

6. List this case immediately after expiry of the aforesaid period.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

5. Learned counsel for the applicant has stated that the instant case is but the misuse of process of law. The victim herein had earlier instituted an FIR against the applicant and other family members and this is the second attempt to sent the applicant to jail. The applicant is the husband of the victim. There is no injury to substantiate the prosecution story, as such, the applicant is entitled for bail except Section 498A IPC, other Sections are bailable.

6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel has further stated that the investigation is going on and the charge-sheet has not yet been filed. There are no criminal antecedents of the applicant. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.

7. Per contra, learned AGA has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

8. Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

9. Accordingly, the anticipatory bail application is allowed with following directions:-

10. In the event of arrest of the applicant- Rais Ahmad involved in aforesaid case shall be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-

1. that the applicant shall make himself available for interrogation by a police officer as and when required;

2. 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;

3. that the applicant shall not leave India without the previous permission of the court;

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

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

6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 14.2.2025 Priya (Justice Krishan Pahal)

Applicant :- Rais Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain,Arpan Srivastava,Sunil Kumar Chaudhari Counsel for Opposite Party :- Firoz Haider,G.A. Hon'ble Krishan Pahal,J.

1. Rejoinder affidavit filed today is taken on record.

2. Heard Sri Anwar Hussain, learned counsel for the applicant, Sri Firoz Haider, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State and perused the records.

3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.424 of 2023, under Sections 498-A, 323, 342, 506 IPC and Sections 3/4 D.P. Act, at Police Station- Civil Lines, District Moradabad with a prayer to enlarge him on anticipatory bail.

4. The applicant was granted interim protection by this Court vide order dated 22.11.2024 and the following order was passed : "1. Mr. Firoz Haider, Advocate has filed Vakalatnama on behalf of the informant in the Court, which is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the informant/opposite party no. 2, learned A.G.A for the State and perused the record.

3. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 0424 of 2023, under Sections 498-A, 323, 342, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Civil Lines, District- Moradabad, during the pendency of trial.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of the opposite party no. 2/ informant. Opposite Party no. 2/ informant earlier lodged a first information report against the applicant, on similar set of facts, in the year 2020. Further, notice under Section 41-A Cr.P.C. was served to the applicant and now Investigating Officer has submitted charge-sheet against the applicant and Court concerned has taken cognizance. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

5. Learned A.G.A. and learned counsel appearing for the informant are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

6. List this case immediately after expiry of the aforesaid period.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

5. Learned counsel for the applicant has stated that the instant case is but the misuse of process of law. The victim herein had earlier instituted an FIR against the applicant and other family members and this is the second attempt to sent the applicant to jail. The applicant is the husband of the victim. There is no injury to substantiate the prosecution story, as such, the applicant is entitled for bail except Section 498A IPC, other Sections are bailable.

6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel has further stated that the investigation is going on and the charge-sheet has not yet been filed. There are no criminal antecedents of the applicant. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.

7. Per contra, learned AGA has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

8. Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

9. Accordingly, the anticipatory bail application is allowed with following directions:-

10. In the event of arrest of the applicant- Rais Ahmad involved in aforesaid case shall be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-

1. that the applicant shall make himself available for interrogation by a police officer as and when required;

2. 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;

3. that the applicant shall not leave India without the previous permission of the court;

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

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

6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 14.2.2025 Priya (Justice Krishan Pahal)