Allowed

Dillan Urf Dhillan Khan and 2 Others v. State of U.P. and Another

Allahabad HC19 May 2023ABAIL/12694/2022

Case brief

AI extract

What is this about?

Hon'ble Nalin Kumar Srivastava, J., granted anticipatory bail to the applicants in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 12694 of 2022, considering their innocence, lack of criminal history, cooperation during investigation, and parity with co-accused who already secured bail.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties and compliance with specified conditions.

Dillan Urf Dhillan Khan and 2 Others Vs State of U.P. and… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110862

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12694 of 2022

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Applicant :- Dillan Urf Dhillan Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Dillan @ Dhillan Khan, Bhura @ Javed and Poni @ Shamshad in Case Crime No. 90 of 2020, under Sections 147, 148, 149, 188, 269, 270, 307, 323, 324, 332, 336, 353, 427, 504, 506 & 34 I.P.C., 7 Criminal Law Amendment Act, 3/4 Prevention of Damage to Public Property Act, 51 Aapda Prabandhan Adhiniyam & 3 Mahamari Adhiniyam, P.S. Naghphani, District Moradabad.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material available on record.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. The investigation of the case has been completed and charge-sheet has been filed in the matter. No process under Section 82 and 83 Cr.P.C. has issued against the applicants and the applicants have not been declared absconder. It is further submitted that the applicants have claimed parity with the co-accused Yaseen, Shahjad, Atif and Bittu alias Rizwan, who have already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 5668 of 2022, vide order dated 15.7.2022. Since, the case of the applicants is at par with the co-accused who have already been granted anticipatory bail, the applicants are also entitled for the same on the ground of parity. It is further submitted that the applicants have no criminal history. 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. opposed the prayer for anticipatory bail.

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I have considered the rival submissions made by the learned counsel for the parties.

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From the perusal of the record, it appears that no specific allegation has been levelled against the applicants. It further reveals from the perusal of record that the other co-accused persons Yaseen, Shahjad, Atif and Bittu alias Rizwan have already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 5668 of 2022, vide order dated 15.7.2022. It further reveals from the perusal of the record that a charge-sheet into the matter has been filed. During investigation, the accused-applicants have been co-operating. It further reveals that accused-applicants have no criminal history.

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In the facts and circumstances of the case, 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, 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 applicants, 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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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 on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till the end of trial .

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11. The application is allowed accordingly.

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In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

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(i) The applicants shall make themselves available for interrogation by the police officer as and when required;

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(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;

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(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.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicants.

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Order Date :- 19.5.2023 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Dillan Urf Dhillan Khan and 2 Others v. State of U.P. and Another

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Dillan Urf Dhillan Khan and 2 Others v. State of U.P. and Another

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