Allowed

Sarvendra Singh v. State of U.P. and Another

Allahabad HC24 Aug 2023ABAIL/1884/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Sarvendra Singh in a case involving charges of attempted murder and criminal intimidation. The court considered the applicant's lack of criminal history and cooperative attitude, permitting bail until the trial concludes subject to standard conditions.

What did the court decide?

Anticipatory bail allowed till conclusion of trial subject to furnishing a personal bond of Rs. 50,000/- with two sureties and complying with conditions against tampering, pressuring witnesses, fleein

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

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Neutral Citation No. - 2023:AHC:171226

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1884 of 2023

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Applicant :- Sarvendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Bind 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- Sarvendra Singh in connection with Case Crime No.271 of 2015, under sections 307, 504 IPC, P.S. Nawabganj, District Farrukhabad.

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

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In the present matter, counter affidavit and rejoinder affidavit have already been filed by the respective parties. It appears from the perusal of the record that no actual role of firing has been assigned to the present accused applicant. It further appears that he has been cooperative with the I.O. of the case during the course of investigation and a final report was submitted in his favour but however on a protest petition filed by the informant, the final report was rejected and the applicant was summoned to face trial by the court .The accused applicant has no criminal history to his credit.

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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

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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 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

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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 :- 24.8.2023 Shivangi

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

Sarvendra Singh v. State of U.P. and Another

Case brief

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Sarvendra Singh v. State of U.P. and Another

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