Allowed

Aman Singh and 2 Others v. State of U.P.

Allahabad HC10 Oct 2023ABAIL/11123/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court allowed an anticipatory bail application filed by three accused persons facing charges under IPC sections 308, 323, and 506. The court noted the injuries sustained were not serious and the accused cooperated during investigation, holding it fit to grant bail till trial.

What did the court decide?

Accused released on personal bond of Rs. 50,000 with two sureties if arrested, subject to conditions.

Aman Singh and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195049

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11123 of 2023

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Applicant :- Aman Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicants, learned AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicants- 1. Aman Singh, 2. Rahul and 3. Sumit in connection with Case Crime No. 213 of 2022 under sections 308, 323, 506 IPC, P.S. Salempur, District- Bulandshahr.

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That the named accused persons made an assault to the informant of this case after entering into her house and also tried to outrage her modesty and three persons including the informant sustained injuries in the occurrence. FIR was lodged on 20.10.2022 and investigation started, which culminated into charge sheet.

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It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. After investigation charge sheet has been submitted in the matter. It is further submitted that the whole story is false and fabricated. Three persons are said to have sustained injuries in the occurrence but the informant Dipa and other injured Bite have stated in their statement before the I.O. under Section 161Cr.P.C. that since there was no serious injuries they did not undergone any medical examination. It is further submitted that another injured Hemlata has sustained no fracture in his injuries and has sustained only simple injuries. The role of firing has been assigned to applicant no.1 Aman Singh but whoever as per FIR itself no fire arm injury has been caused to any of the persons. It is further submitted that there is no criminal history against the applicants. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. has opposed the prayer for anticipatory bail but however could not dispute this factual aspect that so called injured Deepa and Bite have not undergone any medical examination and the other injured Hemlata have sustained only simple injuries in this matter. It is further submitted that the offences levelled against the applicants are punishable with the imprisonment for a maximum period upto seven years.

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It reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicants till date and they have cooperated during the investigation.

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Although the charge sheet has been submitted in this matter but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till conclusion of trial in the matter.

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The anticipatory bail application is allowed accordingly.

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In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties

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each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence

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ii. The applicants shall not pressurize/ intimidate the prosecution witness.

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iii.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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iv.The applicants shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicants in accordance with law.

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Order Date :- 10.10.2023

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Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Aman Singh and 2 Others v. State of U.P.

Case brief

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Aman Singh and 2 Others v. State of U.P.

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