Allowed

Kalve and 6 Others v. State of U.P. and Another

Allahabad HC16 Jun 2022ABAIL/2582/2022

Case brief

AI extract

What is this about?

The Single Judge allowed an application for anticipatory bail under Section 438 Cr.P.C. in a criminal case involving multiple sections of the IPC and Police Act, granting bail subject to specific conditions including furnishing a bond and cooperating with the investigation.

What did the court decide?

Application for anticipatory bail allowed; applicants shall be released on personal bond of Rs. 50,000 with two sureties each on conditions of cooperation and non-interference with investigation.

Kalve and 6 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2582 of 2022

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Applicant :- Kalve And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail 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 with the prayer that in the event of arrest, applicants may be released on bail.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertake to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicants- Kalve, Iqbal, Sher Mohammad @ Sheru, Nasir, Masoom, Mohd. Umar and Saddam involved in the aforesaid case crime shall be released on anticipatory bail till the conclusion of trial on their 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/court concerned with the following conditions :-

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(i) the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) the applicants 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/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 16.6.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.06.17 13:52:29 IST Reason: Location: High Court of Judicature at Allahabad

Kalve and 6 Others v. State of U.P. and Another

Case brief

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Kalve and 6 Others v. State of U.P. and Another

Case brief

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