Allowed

Ankit v. State of U.P through principal Secretary Home Government

Allahabad HC13 Apr 2023ABAIL/2362/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant, Ankit, in a criminal case involving Section 380 IPC. Relying on principles from Sushila Aggarwal vs State, the Court allowed the prayer recognizing the applicant's prior bail status and the specific facts, granting protection till the filing of the charge sheet subject to standard conditions.

What did the court decide?

Anticipatory bail granted till filing of charge sheet on furnishing a bond of Rs.50,000 with two sureties and adhering to specified conditions.

Ankit Vs State of U.P through principal Secretary Home… — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2362 of 2023

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Applicant :- Ankit Opposite Party :- State Of U.P Through Principal Secretary Home Government Counsel for Applicant :- Dwijendra Prasad 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 A.G.A. for the State and perused the record.

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This application has been moved on behalf of the applicant - Ankit seeking anticipatory bail in Case Crime No.452 of 2022, under Sections 380 IPC, Police Station Gandhi Park, District Aligarh.

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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. Investigation is going on in the matter. 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. opposed the prayer for anticipatory bail.

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It appears from the perusal of the record that earlier, an F.I.R. was lodged in case crime no.452 of 2022 under Section 379 IPC against the present applicant, who was named in the F.I.R. In criminal misc. anticipatory bail application no.7707 of 2022, the coordinate Bench of this Court granted anticipatory bail in favour of the applicant till filing of the police report under Section 173 (2) Cr.P.C. vide order dated 21.10.2022. The investigation is still going on, but it is submitted that during the course of investigation, now the offence has been converted into Section 380 IPC and under that offence, present anticipatory bail has been prayed for by the applicant.

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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 held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the

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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.

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Although, a report was called for from the learned State counsel vide order 3.4.2023, but the same is not made available before the Court, however, in the peculiar facts and circumstances of the case and keeping in view that the applicant has already been granted anticipatory bail under Section 379 IPC and also 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 filing of charge sheet in the matter.

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The application is allowed .

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In the event of arrest of the applicant, 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 Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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(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 office.

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(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.

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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 applicant.

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Order Date :- 13.4.2023 / ss

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

Ankit v. State of U.P through principal Secretary Home Government

Case brief

What is this about?

What did the court decide?

Ankit v. State of U.P through principal Secretary Home Government

Case brief

What is this about?

What did the court decide?

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