The High Court allowed an anticipatory bail application filed by a truck driver apprehending arrest in a case under Sections 468 and 471 IPC for allegedly using forged documents, noting lack of prior criminal history and jail overcrowding.
Applicant granted anticipatory bail on a personal bond with two sureties until the chargesheet is submitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 915 of 2022
Applicant :- Mohd. Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Tewari,Braham Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Braham Singh, learned counsel for the applicant and learned AGA for the State
The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No.174 of 2021, under Sections 468 and 471I.P.C. Police Station Sevarahi District Kushi Nagar.
Shri Braham Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a driver of the truck who was transporting the goods at the instance of the owner of the vehicle namely Ehatsam Ahmad. The truck had been hired by one Zamil Ahmad. The relevant documents regarding the goods being transported were made over to the applicant by the said Jamil Ahmad. The said Jamil Ahmad was fully responsible for taking out the necessary permissions and documentation regarding the wooden logs which were being transported in the said truck. The applicant is not responsible for the authenticity of the aforesaid documents. He was is in no position to verify the genuineness of the said documents. The role of the applicant is distinguishable from the principal offenders namely Ehatsam Ahmad and Zamil Ahmad. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.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.
Shri I.P. Srivastava, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this 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 applicants and hold that the applicants are 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- Mohd. Aslam is granted anticipatory bail in Case Crime No.174 of 2021, under Sections 468 and 471 I.P.C. Police Station Sevarahi District Kushi Nagar, till the submission of the chargesheet 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 :- 16.2.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.02.17 18:17:27 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether applicant is entitled to anticipatory bail in the pending case under Sections 468 and 471 IPC.
Whether availability of provincial sentences due to prison overcrowding justify granting bail.
2 provisions across 2 enactments
Mohd. Aslam
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
