Allowed

Mohd. Navi v. State of U.P.

Allahabad HC26 May 2023ABAIL/2584/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by Mohd. Navi in a case involving offences under sections 147, 149, 314, 332, 353 IPC and 7 Criminal Law Amendment Act, holding him a fit case for bail till the conclusion of trial.

What did the court decide?

Relief granted is anticipatory bail till conclusion of trial on filing a personal bond of Rs. 50,000 with two sureties, subject to conditions against tampering, intimidating witnesses, leaving India,

Mohd. Navi Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:117648

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2584 of 2023

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Applicant :- Mohd. Navi Opposite Party :- State of U.P. Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard Shri Anuj Dutt Mishra, holding brief of Shri Shobhit Pathak, 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- Mohd. Navi in connection with Case Crime No. 130 of 2017 under sections 147, 149, 314, 332, 353 IPC and 7 Criminal Law Amendment Act, P.S. Katghar, District- Moradabad.

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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. The applicant is not named in the FIR. During course of investigation notice under Section 41-A Cr.P.C. has been served to the applicant. 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.

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

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In this matter, as is evident from the record, offences levelled against the applicant are of Sections 147, 149, 314, 332, 353 IPC and 7 Criminal Law Amendment Act, which are punishable with the imprisonment upto seven years. It reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicant and he has not declared as proclaimed offender till date and he has cooperated during the investigation.

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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

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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 accordingly.

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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

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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 he has passport, the same shall be deposited by her 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 :- 26.5.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Mohd. Navi v. State of U.P.

Case brief

What is this about?

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Mohd. Navi v. State of U.P.

Case brief

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