Allowed

Prashant v. State of U.P. and Another

Allahabad HC25 Jul 2023ABAIL/16393/2021

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. allowed till the end of trial for the applicant accused of IPC offences involving abuse and threats against a village head, subject to personal bond and conditions.

What did the court decide?

Anticipatory bail allowed till the end of trial subject to a personal bond of Rs. 50,000 with two sureties and specific conditions regarding court appearance and non-interference.

Prashant Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:150742

¶2

Court No. - 73

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16393 of 2021

¶4

Applicant :- Prashant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Counter affidavit filed on behalf of the State is taken on record.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶8

This application for anticipatory bail has been filed by applicant - Prashant in connection with Case Crime No.333 of 2021, under Sections 386, 504, 506 IPC, Police Station Babugarh, District Hapur seeking anticipatory bail in aforesaid case crime.

¶9

It is alleged in the F.I.R. that the accused applicant abused the informant, who is the gram pradhan, and demanded Rs.20,000/- per month and also threatened him for life. F.I.R. was lodged and investigation started and now charge-sheet has been submitted in the matter.

¶10

It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed in the matter. It is further submitted that nothing has been paid by the informant to the applicant. It is further submitted that by order dated 20.9.2021, anticipatory bail was granted to the applicant till submission of police report u/s 173 (2) Cr.P.C. and the said liberty granted by this Court has not been misused by the applicant and he has been cooperative throughout the investigation. Now after filing of the chargesheet, no custodial interrogation is required in this matter from the applicant.

¶11

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.

¶12

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.

¶13

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.

¶14

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 end of the trial in the matter.

¶15

The anticipatory bail application is allowed.

¶16

In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial 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 :-

¶17

(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

¶18

(ii) 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 / her from disclosing such facts to the Court or to any police officer;

¶19

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶20

In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

¶21

Order Date :- 25.7.2023 ss

¶22

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Prashant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prashant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Ji Mishra Vs State of U.P. and Another

Shabana and 3 Others Vs State of U.P.

Shivam Vs State of U.P. and Another

Amit Sharma Vs State of U.P. and Another

Pop Singh Yadav Vs State of U.P. and Another

Naresh Pal Vs State of U.P. and Another