Allowed

Bharat Singh and 2 Others v. State of U.P. and Another

Allahabad HC26 Jul 2023ABAIL/5558/2023

Case brief

AI extract

What is this about?

This application allows anticipatory bail to three applicants under Section 438 CrPC in a case involving alleged assault and intimidation. The court, considering their cooperation and nature of offences, granted bail till the end of trial subject to conditions.

What did the court decide?

Anticipatory bail granted till the end of the trial subject to surrender, non-inducement of witnesses, and passport deposit.

Bharat Singh and 2 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:152361

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5558 of 2023

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Applicant :- Bharat Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.,Subhash Chandra Pandey

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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 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 the applicants - Bharat Singh, Udai Veer Singh and Yashveer Singh in connection with Case Crime No.44 of 2023, under Sections 452, 342, 323, 325, 354, 506 IPC, Police Station Bilari, District Moradabad.

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As per F.I.R. version, on 2.2.2023, the applicants, due to animosity regarding a land dispute, came to the house of the informant taking revolver, gun etc. and made an assault upon the husband of the informant and also abused and threatened for life. F.I.R. was lodged on 6.2.2023 and investigation started and now charge-sheet has been submitted.

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It is submitted 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 him. Allegations levelled against the applicants are false. They have been falsely implicated in this case due to an old land dispute between the parties. It is further submitted that as a matter of fact, an assault was made by the informant side to the applicants' party on the same day in respect of which an F.I.R. was lodged on 28.2.2023 at case crime no.76 of 2023 under sections 354-Kha, 452, 323, 504, 506 IPC wherein charge-sheet has been submitted. It is further submitted that the applicants have no criminal antecedents to their credit. It is further submitted that although in the x-ray report of the injured, one fracture of the 10th rib on left side lung was found, but that is not grievous or serious injury. It is further submitted that during the course of

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investigation the applicants had been cooperative and now after filing of the charge-sheet, they are entitled for anticipatory bail. 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. as well as learned counsel for the informant opposed the prayer for anticipatory bail and it has been submitted that active participation of the applicants in the commission of the alleged crime has found true in the course of investigation. It is further submitted that the F.I.R. lodged from the accused applicants' side is highly belated without any sufficient explanation.

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Charge-sheet has been submitted in the matter. The alleged offences are punishable with the imprisonment for a maximum period of seven years. Now after filing of the charge-sheet, no custodial interrogation appears to be required in this matter. Applicants have been cooperative during the course of investigation. No criminal history has been brought to the notice of the Court.

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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 applicants and all attending

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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 applicants 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 applicants in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial on their 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 applicants shall make themselves available before the court concerned on the date fixed in the matter;

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(ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants.

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Order Date :- 26.7.2023 ss

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

Bharat Singh and 2 Others v. State of U.P. and Another

Case brief

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Bharat Singh and 2 Others v. State of U.P. and Another

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