Single judge allowed anticipatory bail to the applicant under S. 438 Cr.P.C. in a case involving cheating and forgery, noting the delay in lodging the FIR and overcrowding concerns during the pandemic.
Anticipatory bail granted under S. 438 Cr.P.C. for Case Crime No.0127 of 2021 on personal bond with two sureties each.
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Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 953 of 2022 Applicant :- Mahendar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bijay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Heard Shri Bijay Kumar Srivastava, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
Shri Bijay Kumar Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the case. The delay of one month in lodgment of the F.I.R. is fatal to the prosecution case. As per the recitals in the F.I.R., the informant had recognized the offenders but yet failed to lodge the F.I.R. in a timely fashion. The F.I.R. was lodged after deliberations and is actuated by political rivalry. The applicant on the relevant date had undergone a surgery and was bed ridden. No stolen articles has been recovered from the applicant. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant 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.
Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in thebail application.
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 applicant and hold that the applicant is 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-Mahendra Singh, is granted anticipatory bail in Case Crime No.0127 of 2021 under Sections 457 and 380 IPC, Police StationChilha, District-Mirzapur, till the submission of the charge-sheet 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 :- 11.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.14 11:31:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail given the delay in FIR and lack of physical evidence against him.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶7
Suo Motu Writ Petition (c) No. 1/2020
3 provisions across 2 enactments
Mahendrasingh
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
