Allowed

Harishankar Chauhan and Another v. State of U.P. and Another

Allahabad HC23 Jun 2023ABAIL/6922/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application for anticipatory bail filed by Harishankar Chauhan and another in a criminal case involving offences under the IPC. The court prescribed conditions for release, including furnishing a bond and compliance with directives not to influence witnesses or leave the country.

What did the court decide?

The anticipatory bail application allowed; applicants to be released on bail till end of trial by furnishing a personal bond of Rs. 50,000/- with two sureties each.

Harishankar Chauhan and Another Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128443

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Court No. - 51

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6922 of 2023

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Applicant :- Harishankar Chauhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Sharma 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 applicants in connection with Case Crime No. 964 of 2020 (State Vs. Harishankar Chauhan and others), arising out of Case Crime No. 0323 of 2019 under Sections 147, 323, 504, 506, 452, 427 I.P.C., Police Station Line Bazar, District Jaunpur pending in the court of Chief Judicial Magistrate, Jaunpur.

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It is submitted by the learned counsel for the applicants 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. Allegations levelled against the applicants are false. The investigation of the case has been completed and charge-sheet has been filed under Sections 147, 323, 504, 506, 452, 427 I.P.C. It is further submitted that the applicants have been cooperative during the course of investigation. It is further submitted that no custodial interrogation is required in this matter from the applicants as the offences alleged against the applicants are punishable with the imprisonment upto a maximum period of seven years.

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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 applicants, 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 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 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 applicants shall make himself 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 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 applicants.

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Order Date :- 23.6.2023 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Harishankar Chauhan and Another v. State of U.P. and Another

Case brief

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Harishankar Chauhan and Another v. State of U.P. and Another

Case brief

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