Allowed

Sartaj v. State of U.P. and Another

Allahabad HC30 May 2023ABAIL/2414/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application filed under Section 438 Cr.P.C. by an applicant facing charges of assault and IPC offences, granting bail till the end of the trial subject to specific conditions including a personal bond and sureties.

What did the court decide?

Anticipatory bail till the end of the trial granted on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount.

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

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Neutral Citation No. - 2023:AHC:122525

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2414 of 2023

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Applicant :- Sartaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Singh,Bhuvnesh Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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

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This application for anticipatory bail has been filed by applicant - Sartaj in connection with Case Crime No.309 of 2014, under Sections 323, 324, 504, 506, 308 IPC, Police Station Noorpur, District Bijnor.

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It is alleged in the F.I.R. that on 24.8.2014 at about 2:30 p.m., present accused applicant along with other co-accused Sameen and Salman came to the shop of the informant and asked for cold drink bottle and an altercation took place there and the present accused applicant and co-accused Salman by danda and co-accused Sameen by knife made an assault over Bheem, the brother of the informant, who sustained grievous injuries. F.I.R. was lodged and investigation started and now charge-sheet has been submitted in the matter.

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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 him. 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. It is further submitted that during investigation, notice under section 41-A Cr.P.C. was given to the applicant and he cooperated with the investigation. It is further submitted that the medical report of the injured reveals that he had sustained only simple injuries. It is further submitted that now charge-sheet has

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been filed into the matter and the applicant has not been declared proclaimed offender by the court.

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

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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 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 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 end of the 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 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 :-

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

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(ii) The applicant shall not directly or indirectly, make any

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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 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, same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 30.5.2023 ss

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

Sartaj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sartaj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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