Aabid and 3 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

Aabid and 3 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicants Aabid, Wajid, Shahnaseeb and Khusnaseeb in Case Crime No. 163 of 2021 on a personal bond of Rs.50,000/- each with two sureties of like amount, till submission of the police report under Section 173(2) Cr.P.C., subject to conditions (availability for interrogation, no inducement/threat to witnesses, no departure from India without permission and deposit of passport if held); Investigating Officer free to continue investigation; copy of order to be produced before the S.P./S.S.P. within a week if investigation is in progress.

Issue for consideration

Whether the applicants (Aabid, Wajid, Shahnaseeb and Khusnaseeb) are entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 163 of 2021, P.S. Chhapar, District Muzaffar Nagar.

Court's answer

Having regard to the cross-case registered, injuries received by both sides, the applicants having no criminal history, and the law laid down by the Hon'ble Apex Court in Sushila Aggarwal vs. State (NCT of Delhi), ground for grant of anticipatory bail is made out.

Ratio / Principle

In case of arrest, the applicants are directed to be enlarged on anticipatory bail in the above case crime number on furnishing a personal bond of Rs.50,000/- and two sureties each of like amount to the satisfaction of the Station House Officer concerned, till submission of the police report, if any, under Section 173(2) Cr.P.C. before the competent court.

Key takeaways

The anticipatory bail is subject to conditions: the applicants shall make themselves available for interrogation as and when required; shall not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police; shall not leave the country without previous permission of the Court and shall deposit any passport before the S.S.P./S.P./Court concerned; with liberty to the Investigating Officer/Government Advocate to apply for cancellation in default.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ali Zamin, J.; order dated 2.6.2022) allowed an anticipatory bail application under Section 438 Cr.P.C. by Aabid, Wajid, Shahnaseeb and Khusnaseeb in Case Crime No. 163 of 2021, under Sections 323, 325, 308, 504, 506, 324 IPC, P.S. Chhapar, District Muzaffar Nagar. Taking into account the cross-case registration, injuries on both sides, the applicants' absence of criminal history, and the law laid down by the Hon'ble Apex Court in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98, the Court held that ground for grant of anticipatory bail was made out. In case of arrest, the applicants were directed to be enlarged on anticipatory bail on a personal bond of Rs.50,000/- with two sureties each of like amount, till submission of the police report under Section 173(2) Cr.P.C., subject to conditions of availability for interrogation, non-inducement of witnesses, and no travel abroad without permission with deposit of any passport; default entitles the Investigating Officer/Government Advocate to seek cancellation, and the investigation continues unaffected.

Court No. - 48

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4461 of 2022

Applicant :- Aabid And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Tomar Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard over anticipatory bail application under Section 438 Cr.P.C., moved by the applicants- Aabid, Wajid, Shahnaseeb and Khusnaseeb in Case Crime No. 163 of 2021, under Section 323, 325, 308, 504, 506, 324 IPC, P.S. Chhapar, District Muzaffar Nagar.

Learned counsel for the applicants submits that both sides have received injuries. Cross-case is also registered. Applicants have no criminal history. They will cooperate in the investigation.

Learned A.G.A. has vehemently opposed, but could not oppose the above factual aspects.

Having heard and gone through material placed on record, cross case registered & both sides received injury, having no criminal history and law laid down by the Hon'ble 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.

In case of arrest, the applicants- Aabid, Wajid, Shahnaseeb and Khusnaseeb are directed to be enlarged on anticipatory bail in above case crime number on their furnishing personal bond of Rs.50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station concerned till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent court with the following conditions:-

i. The applicants shall make them available for interrogation by the police officer as and when required, if investigation is in progress;

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

iii. The applicants shall not leave the country without previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P/S.P concerned/Court concerned;

In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

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

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.

This anticipatory bail application is allowed.

Order Date :- 2.6.2022 MAA/-

Digitally signed by MOHAMMAD AZAD ANSARI Date: 2022.06.02 17:05:31 IST Reason: Location: High Court of Judicature at Allahabad