Single judge allowed anticipatory bail prayer under Section 438 Cr.P.C. for Rajbali and Sheshnath Prajapati in a case involving assault and hurt. Court held it was a fit case for bail till the end of trial.
Anticipatory bail granted till end of trial on furnishing personal bond of Rs. 50,000 with two sureties each.
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Neutral Citation No. - 2023:AHC:211024
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11991 of 2023
Applicant :- Rajbali Prajapati And Another Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Prashant Pratap Rao Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
punishable with the imprisonment upto a maximum period of seven years. It is further submitted that the applicants have no criminal history to their credit. It is also submitted that earlier an Application u/s 482 Cr.P.C. No. - 16533 of 2023 was moved by the applicants, but that was dismissed by this Court vide order dated 12.5.2023 without granting any protection to the applicants. It is also submitted that the applicants are father and son. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
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.
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, likelihood 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.
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 end of the trial in the matter.
9. The anticipatory bail application is allowed.
(i) The applicants shall make themselves available before the court concerned on the date fixed in the matter;
(ii) 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 / her from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.
Order Date :- 2.11.2023 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants in case Crime No. 34 of 2022 until the end of the trial.
Whether the limited duration of anticipatory bail is appropriate in view of the settled law.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherExplained¶13
(2020) 5 SCC 1 · Who else cites this
1 provisions across 1 enactments
Rajbali Prajapati
Sheshnath Prajapati
State Of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
