Allowed

Jaswant Singh v. State of U.P.

Allahabad HC19 Jul 2023ABAIL/5265/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. to Jaswant Singh. The court held that based on settled principles and the facts, it was a fit case for anticipatory bail till the end of the trial, subject to specific conditions.

What did the court decide?

The anticipatory bail application is allowed till the end of the trial on furnishing a personal bond of Rs. 50,000/- with two sureties.

Jaswant Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:143875

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5265 of 2023

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Applicant :- Jaswant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Sanjay Kumar Dwivedi

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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

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This application for anticipatory bail has been filed by applicant - Jaswant Singh in connection with Case Crime No.250 of 2015, under Section 307 IPC, Police Station Bah, District Agra.

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It is next submitted that co-accused, Surendra has already been granted anticipatory bail till conclusion of trial by this Court vide order dated 11.07.2023 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.7153 of 2023, therefore, the accused applicant is also entitled for anticipatory bail as the case of the accused applicant is similar to that of co-accused.

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Per contra, 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

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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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In Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154 , the Hon'ble Apex Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him/her to be released on bail.

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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 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 :- 19.7.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Jaswant Singh v. State of U.P.

Case brief

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Jaswant Singh v. State of U.P.

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