Allowed

Jafar Hussain v. State of U.P.

Allahabad HC12 Jul 2023ABAIL/6197/2023

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by Jafar Hussain. Considering the settled legal principles, the nature of accusations, and the applicant's lack of criminal history, the court deemed it a fit case for bail until the end of the trial.

What did the court decide?

Anticipatory bail granted until the end of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each.

Jafar Hussain Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:139510

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6197 of 2023

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Applicant :- Jafar Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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 material available on record.

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This application for anticipatory bail has been filed by applicant - Jafar Hussain in connection with Case No.986 of 2021 arising out of Case Crime No.06 of 2021, under Sections 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Agra.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. He is husband of the victim. Allegations levelled against the applicant are false. The investigation of the case has been completed, charge-sheet has been filed and cognizance has been taken in the matter. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant. The alleged offences are punishable with the imprisonment of maximum period of seven years. There is no criminal history of the applicant. No process under section 82 or 83 Cr.P.C. has been issued against the applicant and he has not been declared as proclaimed offender by the court so far.

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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,

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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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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 :- 12.7.2023 ss

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

Jafar Hussain v. State of U.P.

Case brief

What is this about?

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Jafar Hussain v. State of U.P.

Case brief

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What did the court decide?

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