Allowed

Shadakat v. State of U.P. and Another

Allahabad HC23 May 2023ABAIL/1979/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Shadakat in connection with a police encounter case involving an attempt to murder. The court noted the suspect's cooperation during investigation and granted bail until the conclusion of trial subject to specific conditions.

What did the court decide?

Anticipatory bail granted until conclusion of trial, subject to personal bond and specific conditions of bail.

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

¶1

Neutral Citation No. - 2023:AHC:113952

¶2

Court No. - 84

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1979 of 2023

¶4

Applicant :- Shadakat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶7

This application for anticipatory bail has been filed by applicant- Shadakat in connection with Case Crime No. 100 of 2019, under section 307 I.P.C., P.S.-Fatehpur, DistrictSaharanpur.

¶8

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.

¶9

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

¶10

At the outset, it was submitted by learned A.G.A. that Investigating Officer of the case S.I. Sri Suresh Chand Diwakar is present before the Court and the supplementary affidavit has been filed by him to the effect that present accused Shadakat s/o Sajjad Singh, is the same person who is accused in Case Crime No. 100 of 2019 under Section 307 I.P.C. (Case No. 519/2021), P.S.- Fatehpur, District- Saharanpur.

¶11

From perusal of record, it reveals that it is a police encounter case wherein no person has received any injury. After investigation, now chargesheet has been filed. The name of the accused-applicant came into light on the basis of statement of co-accused Faizan Riyasat and Mustafa @ Kalu, who were held by the police from the spot. Further perusal of record reveals that in Criminal Misc. Writ Petition No. 12223 of 2019, an interim protection was granted till the submission of police report, under Section 173(2) Cr.P.C. to the present accused by

¶12

this Court, vide order dated 07.05.2019. After filing of chargesheet, the accused applicant has not been declared as an proclaimed offender. During course of investigation, he has been co-operative with the I.O. of the case.

¶13

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.

¶14

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.

¶15

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.

¶16

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.

¶17

The anticipatory bail application is allowed accordingly.

¶18

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 :-

¶19

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.

¶20

ii. The applicant shall not pressurize/ intimidate the prosecution witness.

¶21

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.

¶22

iv.The applicant shall not leave India without prior permission of the Court and if he has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

¶23

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.

¶24

No need for I.O., S.I. Sri Suresh Chand to present before the Court further in the present case and his presence is exempted.

¶25

Order Date :- 23.5.2023 Nitika Sri.

¶26

Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad

Shadakat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shadakat 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

Brijesh Sonkar and 3 Others Vs State of U.P. and Another

Smt. Bhavana Vs State of U.P. and Another

Anand Kumar Gupta and 5 Others Vs State of U.P. and Another

Ashish Kumar Jain and Another Vs State of U.P. and Another

Jameel @ Jameera Vs State of U.P.

Dinesh Verma Vs State of U.P. and Another