High Court · 2024

Applicant :- Salman Taj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- Ashvanee Kumar Srivastav,G.A. Hon'ble Vivek Varma,J.

1. Counter affidavit filed by the counsel for the informant, is taken on record.

2. Heard learned counsel for the applicant, Sri Ashvanee Kumar Srivastav, counsel for the informant as well as Sri Raj Shekhar Srivastava, learned A.G.A. for the State and perused the material available on record.

3. The applicant was granted interim anticipatory bail by the co- ordinate Bench of this Court vide order dated 05.07.2024. The order is quoted herein below;- "1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Salman Taj in Case Crime No. 195 of 2024 under Sections 307, 279, 147, 323, 504, 506 I.P.C., Police Station - Rajghat, District - Gorakhpur.

3. It is submitted by learned counsel for the applicant that on account of accident with the car of the informant, who is a practicing advocate, the dispute has arisen. Learned counsel for the applicant submits that no serious injuries have been caused, no offence under Section 307 IPC is made out against applicant. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that applicant's case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

4. Learned A.G.A. opposed the prayer.

5. As requested, learned AGA is allowed two weeks' time to file counter affidavit.

6. Issue notice to opposite party no.2.

7. List this case on 26th July 2024.

8. As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- 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 a police office 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/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.

9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant."

4. Counsel for the applicant contends that pursuant to the order dated 05.07.2024, the applicant had furnished bail bonds before the Station House Officer concerned and joined the investigation. In the alleged incident, no person received any injury. No injury report is available in the case diary. At this stage, there is no credible evidence to link the applicant with the offence. The investigation is still pending. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by learned counsel for the applicant considering the nature of accusations, antecedents of the applicant and, in particular, the fact that in the alleged incident, no person received any injury, no injury report is available in the case diary, at this stage, there is no substantive evidence to link the applicant with the offence. No violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned A.G.A., without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Salman Tej involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 25.4.2025 Lbm/- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Applicant :- Salman Taj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- Ashvanee Kumar Srivastav,G.A. Hon'ble Vivek Varma,J.

1. Counter affidavit filed by the counsel for the informant, is taken on record.

2. Heard learned counsel for the applicant, Sri Ashvanee Kumar Srivastav, counsel for the informant as well as Sri Raj Shekhar Srivastava, learned A.G.A. for the State and perused the material available on record.

3. The applicant was granted interim anticipatory bail by the co- ordinate Bench of this Court vide order dated 05.07.2024. The order is quoted herein below;- "1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Salman Taj in Case Crime No. 195 of 2024 under Sections 307, 279, 147, 323, 504, 506 I.P.C., Police Station - Rajghat, District - Gorakhpur.

3. It is submitted by learned counsel for the applicant that on account of accident with the car of the informant, who is a practicing advocate, the dispute has arisen. Learned counsel for the applicant submits that no serious injuries have been caused, no offence under Section 307 IPC is made out against applicant. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that applicant's case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

4. Learned A.G.A. opposed the prayer.

5. As requested, learned AGA is allowed two weeks' time to file counter affidavit.

6. Issue notice to opposite party no.2.

7. List this case on 26th July 2024.

8. As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- 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 a police office 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/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.

9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant."

4. Counsel for the applicant contends that pursuant to the order dated 05.07.2024, the applicant had furnished bail bonds before the Station House Officer concerned and joined the investigation. In the alleged incident, no person received any injury. No injury report is available in the case diary. At this stage, there is no credible evidence to link the applicant with the offence. The investigation is still pending. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by learned counsel for the applicant considering the nature of accusations, antecedents of the applicant and, in particular, the fact that in the alleged incident, no person received any injury, no injury report is available in the case diary, at this stage, there is no substantive evidence to link the applicant with the offence. No violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned A.G.A., without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Salman Tej involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 25.4.2025 Lbm/- LAL BAHADUR MAURYA High Court of Judicature at Allahabad