Allowed

Anas v. State of U.P. and Another

Allahabad HC3 Nov 2023ABAIL/11779/2023

Case brief

AI extract

What is this about?

The Allahabad High Court considered an interlocutory application for anticipatory bail. Finding that the applicant had not misused prior bail and the charge sheet was submitted, the court granted bail pending the conclusion of the trial subject to standard conditions.

What did the court decide?

Anticipatory bail granted subject to furnishing a personal bond of Rs. 50,000 with two sureties and compliance with four specific conditions.

Anas Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:211515

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11779 of 2023

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Applicant :- Anas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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

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This application for anticipatory bail has been filed by applicant- Anas in connection with Case Crime No. 340 of 2020, under sections 420, 467, 468, 471, 414 IPC, P.S. Kithor, District Meerut.

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It is alleged in the F.I.R. that several forged and fabricated engines and chessis of stolen vehicles and the instruments for manufacturing fabricated engine and chessis numbers were retrieved by the police from co-accused persons, Mehandi Hasan and Washim and on the basis of their confessional statements, the name of the present applicant came into light. F.I.R. was lodged on 02.07.2020 and now charge sheet has been submitted in this matter.

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It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. It is further submitted that no incriminating article has been retrieved from the possession of the present applicant or from any place under the control of the present applicant. It is next submitted that during investigation, the anticipatory bail was granted to the present applicant in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.1501 of 2021 by this Court vide order dated 27.01.2021, which was dismissed for want of prosecution after submission of charge sheet vide order dated 26.09.2022. It is also

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submitted that the name of the present applicant has came on the surface on the basis of their confessional statements of co-accused persons and they named under the custody of police. It is further submitted that the applicant has been cooperative with the I.O. of the case during the course of investigation and the criminal history of the present applicant has been sufficiently explained. It is also submitted that after submission of charge sheet, now no custodial interrogation is required from the present applicant and he is not declared as proclaimed offender and as such, he is entitled for anticipatory bail. It is also submitted that after submission of the charge sheet, he is entitled for anticipatory bail. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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Per contra, learned A.G.A. has opposed the prayer for anticipatory bail. However, he could not dispute the factual aspect of the matter that the anticipatory bail granted in favour of the present applicant, has not been misused by him during the course of 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 controversy finally by holding 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 applicant 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 applicant till conclusion of trial in the matter.

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9. The anticipatory bail application is allowed .

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In the event of arrest of the applicant 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 Court concerned with the following conditions :-

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

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(ii) The applicant shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(iv) The applicant shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by him 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 applicant in accordance with law.

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Order Date :- 3.11.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Anas v. State of U.P. and Another

Case brief

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Anas v. State of U.P. and Another

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