This court allowed an anticipatory bail application filed by a journalist apprehending arrest. The single judge disposed of the matter by granting bail conditioned on furnishing a personal bond and sureties.
The applicant is granted anticipatory bail in the pending criminal case till the conclusion of the trial.
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Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1089 of 2022
Applicant :- Saleem Hashmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Syed Shahnawaz Shah, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No.283 of 2019 under Sections 420, 406 IPC, Police Station-Chandpur, District-Bijnor.
Shri Syed Shahnawaz Shah, learned counsel for the applicant contends that the applicant has been falsely implicated in the case. The applicant is a journalist. He has riled various powerful people including contractors, who have embezzeled public funds. There was no occasion for the informant to make the applicant in intermediary to give the mobile phone to the concerned official. The applicant did not receive any mobile phone from the informant. The applicant was earlier granted anticipatory bail till the submission of the police report. A charge-sheet has since been filed against the applicant on 11.07.2019. It is contended that
filing of the charge-sheet strenthens the case for grant of the anticipatory bail to the applicant. The applicant had cooperated with the investigating officer during the investigation and no requirement was felt of arresting him. The applicant did not misuse the liberty of bail. Apart from the instant case the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned
counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.
The applicant-Saleem Hashmi is granted anticipatory bail in Case Crime No.283 of 2019 under Sections 420, 406 IPC, Police StationChandpur, District-Bijnor, till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall attend the Court proceedings as and when required.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an
application for cancellation of anticipatory bail before this Court.
In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.
The applicant is directed to produce a copy of this order before the S.S.P./S.P., who shall ensure the compliance of present order.
Order Date :- 17.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.18 15:38:26 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, apprehending arrest in the pending criminal case, is entitled to anticipatory bail.
Whether overcrowding of jails during the pandemic situation is a relevant consideration while granting anticipatory bail.
1 provisions across 1 enactments
Saleem Hashmi
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
