Allowed

Sachin v. State of U.P.

Allahabad HC16 May 2022ABAIL/357/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted anticipatory bail to Sachin in Crime No. 410 of 2021, relying on the Supreme Court guidelines in Sushila Aggarwal, finding the grounds for bail made out despite the rejection by the Sessions Judge.

What did the court decide?

Enlargement on anticipatory bail until the conclusion of trial on furnishing personal bond of Rs. 25,000/- and two sureties.

Sachin Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 357 of 2022 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal,Jaideep Pandey Counsel for Opposite Party :- G.A.

¶2

Hon'ble Sanjay Kumar Pachori,J.

¶3

Heard Jaideep Pandey, learned counsel for the applicant, Shri Pankaj Tripathi, learned A.G.A. for the State and perused the material on record.

¶4

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Sachin in Case Crime No. 410 of 2021, under Sections 411, 414, 420, IPC and Section 41/102, Cr.P.C., Police Station - Bhojpur, District - Moradabad after rejecting anticipatory bail application of the applicant by Additional Sessions Judge, Moradabad vide order dated 23.12.2021.

¶5

The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive by the police. It is further submitted that name of the applicant surfaced on the basis of confessional statement of Amit, real brother of the present applicant. The alleged parts of the motorcycle i.e. headlight, petrol tank, rim, tyre etc., which is shown to have been recovered from the co-accused Amit, have not been connected with any crime. The applicant was exonerated in Case Crime No. 224 of 2014, under Sections 147, 148, 452, 323, 504, 506, 427, IPC. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this Court on 2.3.2022.

¶6

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against the applicant.

¶7

It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

¶8

Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

¶9

In case of arrest, the applicant, Sachin is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

¶10

(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

¶11

(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 such person from disclosing such facts to the Court or to any police officer;

¶12

(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

¶13

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

¶14

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶15

The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

¶16

A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

¶17

With the aforesaid directions, the present Anticipatory Bail Application is allowed.

¶18

Order Date :- 16.5.2022/T. Sinha

¶19

Digitally signed by TRIPTI SINHA Date: 2022.05.20 17:03:14 IST Reason: Location: High Court of Judicature at Allahabad

Sachin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Raghuraj Singh Vs State of U.P.

Nayeem Urf Onu Vs State of U.P.

Smt Pyari Devi Vs State of U.P.

Roshan Pandey Vs State of U.P.

Suneel Soni Vs State of U.P.

Smt. Anjali Bharti and 2 Others Vs State of U.P. and Another