Ibley @ Ibrahim v. State Of U.P & Anr.

Heard learned counsel for the applicant and the learned Additional Government Advocate for the State. This is the second anticipatory bail application. The first anticipatory bail application has been rejected by Hon'ble Mr. Justice Mohd. Faiz Alam Khan vide order dated 06.05.2022 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2561 of 2022. The said anticipatory bail application was rejected for the reason that the proclamation under Section 82 Cr.P.C. was operating against the present applicant. The applicant has challenged the said proclamation before the learned court below and the learned court below vide order dated 01.06.2022 stayed such proclamation, the order is annexed as Annexure No.13 with this anticipatory bail application. Learned counsel for the applicant has submitted that since the proclamation under Section 82 Cr.P.C. has already been stayed, therefore, he has filed the anticipatory bail application.

This anticipatory bail application has been preferred by the applicant (Ibley @ Ibrahim) apprehending his arrest in Case Crime No.544 of 2021, under Sections 147, 148, 149, 452, 323, 307, 504, 506, 120-B, 427, 325 & 336 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station-Swar, District- Rampur. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). Learned counsel for the applicant has drawn attention of this Court towards the anticipatory bail orders dated 06.04.2022, 05.04.2022 and 16.06.2022 passed in favour of the co-accused persons, namely, Anwar, Aslam and Haroon (Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2639 of 2022), Abrar, Zafar and Asgar (Criminal Misc.

Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2597 of 2022) and Kalve, Iqbal, Sher Mohammad @ Sheru, Nasir, Masoom, Mohd. Umar and Saddam (Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2582 of 2022). As per learned counsel for the applicant, no proclamation under Section 82 Cr.P.C. was issued against those co-accused persons. Learned counsel for the applicant has further submitted that except the present applicant all the co-accused persons have been granted anticipatory bail by this Court. The present applicant is not named in the F.I.R. and he has been implicated on the basis of the statement of some witnesses. However, some affidavits have been filed by the applicant showing that the present applicant was not present on the spot. He has further submitted that the investigation is going on and the present applicant is willing to co-operate with the investigation, therefore, his liberty may be protected will completion of the investigation.

On the other hand, learned Additional Government Advocate has opposed the prayer for anticipatory bail of the present applicant but he could not dispute the aforesaid contention of learned counsel for the applicant. Therefore, without entering into merits of the issue, and having considered the arguments of learned counsel for the parties, allegations and contents of the F.I.R., the fact that the co- accused persons have been granted anticipatory bail by this Court, under taking of the present applicant that he shall co- operate with the investigation and the fact that the Hon'ble Judge who has rejected the first anticipatory bail application is not sitting at Allahabade, therefore, in view of the order being passed by Hon'ble the Chief Justice to the effect that such bail application may be considered by the regular court, I find it appropriate that liberty of the present applicant may be protected till filing of the charge-sheet, if any, under Section 173 (2) Cr.P.C. Therefore, till filing of the charge-sheet it is directed that in the event of arrest applicant, Ibley @ Ibrahim, shall be released on anticipatory bail in the aforesaid case crime number on his furnishing personal bond of Rs.50,000/- each with two local and reliable sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

that the applicant shall make themselves available for interrogation made by a police officer as and when required;

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;

that the applicant shall not leave India without prior permission of the court;

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

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

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