Single judge court allowed anticipatory bail application seeking protection from arrest in a criminal case involving alleged physical injury, granting release on personal bond with sureties upon granting bail.
Application allowed. Applicant to be released on anticipatory bail on furnishing personal bond of Rs. 50,000/ with two sureties each upon arrest.
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Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5659 of 2022
Applicant :- Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.56/2022, under Sections 147/148/149/323/504/506/307/452 I.P.C., Police Station Ahmadgarh, District Bulandshahar with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. According to prosecution version, on 18.03.2022 at about 7.00 PM, applicant and four accused persons came at the house of complainant and caused injuries to the complainant and others and that co-accused Shailendra has also made a fire, however, no-one has sustained any fire-arm injuries. Learned counsel submitted that all the injured persons have sustained merely simple injuries. No firearm injury has been sustained by any of the injured. It was stated that in fact both the parties are neighbours and that first information report has been lodged making false and baseless allegations. Only general role has been assigned to all the
accused persons. No weapon has been attributed to applicant. The applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail.
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.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant 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.
The anticipatory bail application is allowed.
In the event of arrest of the applicant- Amit in the aforesaid case crime, he shall be released on anticipatory bail on his 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 below concerned with the following conditions :-
(i) the applicant shall make himself available for interrogation by the police as and when required;
(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 him/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
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 applicant.
Order Date :- 22.8.2022 Neeraj
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.08.22 17:18:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail is maintainable for the applicant in case Crime No.56/2022 under Sections 147/148/149/323/504/506/307/452 I.P.C.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraReferred¶11
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 · Who else cites this
1 provisions across 1 enactments
Amit
State of U.P.
Raj Beer Singh
Neeraj
As recorded by the court registry
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