Allowed

Veer Singh @ Jai Singh v. State of U.P. and Another

Allahabad HC14 Jul 2023ABAIL/12591/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Veer Singh @ Jai Singh in a theft and attempt to murder case. The court held that the applicant, though not named in the FIR, became an accused through a co-accused statement and posed no threat to investigation. Bail was allowed subject to a personal bond and strict conditions.

What did the court decide?

Anticipatory bail allowed till conclusion of trial; release on personal bond of Rs. 50,000 with two sureties and specified conditions regarding tampering with evidence and leaving India.

Veer Singh @ Jai Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:140779

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12591 of 2022

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Applicant :- Veer Singh @ Jai Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj Yadav 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 applicant, learned AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicant- Veer Singh @ Jai Singh in connection with Case Crime No. 309 of 2022, under sections 382, 380, 457, 307, 34 IPC, P.S. Bhojpur, District Moradabad.

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Theft was committed in the house of the informant when coaccused Rahish was caught on spot who brought to the police station, F.I.R. was lodged on 15.09.2022 and investigation started. After investigation, now charge sheet has been submitted into the matter.

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It has been argued 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. 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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It is further submitted by learned counsel for the accused applicant that accused applicant is not named in the F.I.R. It is next submitted that co-accused, Rahish was caught red handed on spot. It is further submitted that when the police caught co-accused Ram Prasad, the name of the present accused applicant came into light on the basis of statement recorded under Section 161 Cr.P.C of coaccused Ram Prasad. It is further submitted that no incriminating article has been recovered from any place under the control or possession of present accused applicant. It is next submitted that the accused applicant has no criminal history and he has been

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cooperative with the I.O. of the case during the course of investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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In the present case, the accused applicant is not named in the F.I.R. and his name came into light on the basis of statement of coaccused. It also appears that he has been cooperative during the course of investigation and now, no custodial interrogation is required in this matter.

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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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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

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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 :- 14.7.2023 Shivangi

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

Veer Singh @ Jai Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Veer Singh @ Jai Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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