High Court · 2025

1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State.

2. First anticipatory bail application has been filed with regard to case crime No.0515 of 2024, under Sections 3/25/27 Arms Act, P.S. Pihani, District Hardoi.

3. As per contents of first information report, incident is said to have taken place on 01.08.2024 when certain motor cycle borne persons opened fire upon the police party. It has been indicated that two persons namely Ratnesh Arkh and Nasim were apprehended on the spot by police while applicant's name was indicated by the said persons in their confessional statements.

4. On 21.11.2024, the following order had been passed : "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No. 0515 of 2024, under Sections 3, 25 and 27 of Arms Act, Police Station Pihani, District Hardoi. Contention of learned counsel for the applicant is that due to inadvertence of counsel for the applicant, the bail before the trial court only for Sections 109 and 352 of BNS was moved and Sections 3/25/27 of the Arms Act were left and thereafter the applicant approached this Court by instituting a Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 56 of 2024 under the aforesaid Sections and before the High Court in the anticipatory bail application those Sections were also left to be mentioned. He submits that subsequently, the bail application was moved before the trial court under Sections 3/25/27 of Arms Act and the same was rejected. He submits that the anticipatory bail in the same case crime number has already been granted by a Co-ordinate Bench of this Court, thus, submission is that under the aforesaid Sections of Arms Act also, the applicant may be enlarged on anticipatory bail. Learned counsel appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Mo Harun @ Haroon, shall be released forthwith, in the event of his arrest, in the aforesaid FIR/case crime number on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer as and when required; (ii) 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 them from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the second week of January, 2025. In the meantime, learned counsel for the State shall file counter afÏdavit. "

5. It has been submitted by learned counsel for applicant that the aforesaid anticipatory bail application no.56 of 2024 has thereafter been decided by allowing anticipatory bail application to applicant under Sections 109 and 352 BNS 2023 vide order dated 27.01.2025 pertaining to the same incident. It is submitted that the present anticipatory bail application pertains only to Sections 3/25/27 Arms Act.

6. Learned A.G.A. has opposed anticipatory bail application but admits the aforesaid facts as well as the fact that the applicant has previous criminal history of 14 cases which however has been explained. He does not have any information as to completion of investigation. He also does not have any information that the applicant has not cooperated during the course of investigation.

7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, considering the fact that anticipatory bail application has already been granted to applicant, under Sections 109, 352 BNS, pertaining to the same incident and in view of submissions made by learned AGA, interim anticipatory bail granted to applicant earlier with regard to Sections 3/25/27 Arms Act vide order dated 21.11.2024 is hereby made absolute.

8. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

9. In view of the above, it is provided that in the event of arrest, the applicant- Mo Harun @ Haroon shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting ofÏcer/investigating ofÏcer/S.H.O. concerned with the following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police ofÏcer as and when required; (ii) 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/her from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s).

10. The application stands allowed. Order Date :- 16.4.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State.

2. First anticipatory bail application has been filed with regard to case crime No.0515 of 2024, under Sections 3/25/27 Arms Act, P.S. Pihani, District Hardoi.

3. As per contents of first information report, incident is said to have taken place on 01.08.2024 when certain motor cycle borne persons opened fire upon the police party. It has been indicated that two persons namely Ratnesh Arkh and Nasim were apprehended on the spot by police while applicant's name was indicated by the said persons in their confessional statements.

4. On 21.11.2024, the following order had been passed : "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No. 0515 of 2024, under Sections 3, 25 and 27 of Arms Act, Police Station Pihani, District Hardoi. Contention of learned counsel for the applicant is that due to inadvertence of counsel for the applicant, the bail before the trial court only for Sections 109 and 352 of BNS was moved and Sections 3/25/27 of the Arms Act were left and thereafter the applicant approached this Court by instituting a Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 56 of 2024 under the aforesaid Sections and before the High Court in the anticipatory bail application those Sections were also left to be mentioned. He submits that subsequently, the bail application was moved before the trial court under Sections 3/25/27 of Arms Act and the same was rejected. He submits that the anticipatory bail in the same case crime number has already been granted by a Co-ordinate Bench of this Court, thus, submission is that under the aforesaid Sections of Arms Act also, the applicant may be enlarged on anticipatory bail. Learned counsel appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Mo Harun @ Haroon, shall be released forthwith, in the event of his arrest, in the aforesaid FIR/case crime number on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer as and when required; (ii) 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 them from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the second week of January, 2025. In the meantime, learned counsel for the State shall file counter afÏdavit. "

5. It has been submitted by learned counsel for applicant that the aforesaid anticipatory bail application no.56 of 2024 has thereafter been decided by allowing anticipatory bail application to applicant under Sections 109 and 352 BNS 2023 vide order dated 27.01.2025 pertaining to the same incident. It is submitted that the present anticipatory bail application pertains only to Sections 3/25/27 Arms Act.

6. Learned A.G.A. has opposed anticipatory bail application but admits the aforesaid facts as well as the fact that the applicant has previous criminal history of 14 cases which however has been explained. He does not have any information as to completion of investigation. He also does not have any information that the applicant has not cooperated during the course of investigation.

7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, considering the fact that anticipatory bail application has already been granted to applicant, under Sections 109, 352 BNS, pertaining to the same incident and in view of submissions made by learned AGA, interim anticipatory bail granted to applicant earlier with regard to Sections 3/25/27 Arms Act vide order dated 21.11.2024 is hereby made absolute.

8. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

9. In view of the above, it is provided that in the event of arrest, the applicant- Mo Harun @ Haroon shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting ofÏcer/investigating ofÏcer/S.H.O. concerned with the following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police ofÏcer as and when required; (ii) 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/her from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s).

10. The application stands allowed. Order Date :- 16.4.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench