Disposed

Durga Rajpoot and Another v. State of U.P.

Allahabad HC3 Apr 2023ABAIL/2770/2023

Case brief

AI extract

What is this about?

The Single Judge disposed of an anticipatory bail application regarding offences under IPC Sections 452, 323, 504, 506. The court held it was not a fit case for bail till the trial end but directed the lower court to decide the pending bail application strictly following the directives in the Chief Justice of India's order dated 21.3.2023 in Satender Kumar Antil.

What did the court decide?

Directs the lower court to consider the merits of the regular bail application in compliance with the Satender Kumar Antil judgment and the CJI's order dated 21.3.2023.

Durga Rajpoot and Another Vs State of U.P. — 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. - 2770 of 2023

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Applicant :- Durga Rajpoot And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Rathore 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 applicants, learned A.G.A. for the State and perused the record.

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This application has been moved on behalf of the applicants Durga Rajpoot and Ankit @ Ankaj Rajpoot seeking anticipatory bail in Case Crime No. 46 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station- Dakor, District - Jalaun.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken by the Court concerned. It has been submitted that in case applicants are granted anticipatory bail, they 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, it reveals that after completion of investigation, charge sheet has been submitted and the applicants have accorded his co-operation in 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 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 applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicants till the end of the trial.

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However, it is observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 .

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On the basis of request of the learned counsel for the applicant, it is further directed that the Court concerned while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgement by the Hon'ble Supreme Court, in letter and spirit, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter.

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The applicant stands disposed of accordingly.

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Order Date :- 3.4.2023 PS

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

Durga Rajpoot and Another v. State of U.P.

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What is this about?

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Durga Rajpoot and Another v. State of U.P.

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