Allowed

Sunil Kumar Soni v. State of U.P.

Allahabad HC26 Sept 2023ABAIL/2737/2023

Case brief

AI extract

What is this about?

This court allowed an application for anticipatory bail under Section 438 Cr.P.C. The applicant was already granted interim bail for Section 379 IPC. Upon addition of charges under Sections 411 and 414 IPC, the court considered factors such as the nature of offences and the applicant's conduct, relying on Sushila Aggarwal, and extended the bail to cover the new charges until the end of trial.

What did the court decide?

Anticipatory bail allowed for Sections 411 and 414 IPC; interim bail ordered dated 3.5.2023 confirmed and made absolute till the end of trial.

Sunil Kumar Soni Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:187013

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2737 of 2023

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Applicant :- Sunil Kumar Soni Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha,Sr. Advocate 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 as well as the learned AGA and perused the entire record.

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Earlier by the order dated 3.5.2023 the accused applicant was granted interim anticipatory bail by this Court till the next date of listing for the offence under Section 379 I.P.C. After investigation charge sheet has been been filed in the matter. Learned counsel for the applicant submits that during investigation offences under Sections 411 and 414 I.P.C. have also been added and he also prays for anticipatory bail in the said Sections. The applicant has been cooperative during course of investigation and has not misused the said liberty. No custodial interrogation is required.

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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.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.

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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

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considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Since no incriminating material has been brought against the applicant in the notice of the Court and prayer for anticipatory bail in the added Sections 411 and 414 I.P.C. have also been made, therefore, considering the entire facts and circumstances of the case and also the nature of accusation made against the applicant, the anticipatory bail application is allowed for the said Sections also and also the order dated 3.5.2023 granting interim anticipatory bail to the applicant is confirmed and made absolute till end of the trial, on the terms and conditions as mentioned in the said order dated 3.5.2023.

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Order Date :- 26.9.2023 Fhd

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

Sunil Kumar Soni v. State of U.P.

Case brief

What is this about?

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Sunil Kumar Soni v. State of U.P.

Case brief

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