Disposed

Sunil Singh v. State of U.P. and Another

Allahabad HC4 Jul 2023ABAIL/7159/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a criminal miscellaneous anticipatory bail application. The court held that the present case was not fit for anticipatory bail at this stage but directed the trial court to consider the subsequent bail application strictly in compliance with the Supreme Court judgment in Satender Kumar Antil.

What did the court decide?

Anticipatory bail refused; subsequent bail application directed to be decided per Satender Kumar Antil principles.

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

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Neutral Citation No. - 2023:AHC:132525

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7159 of 2023

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Applicant :- Sunil Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh 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 applicant, learned A.G.A. for the State and perused the record.

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This application has been moved on behalf of the applicant Sunil Singh seeking anticipatory bail in Case Crime No.293 of 2021, under Sections 323, 452, 308, 504, 506, 34 IPC, Police Station- Mehnagar, District -Azamgarh.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further submitted that charge-sheet has been submitted in the matter. Applicant's case is squarely covered under Section 438 Cr.P.C. It is further submitted that if the applicant is enlarged on bail, he will not misuse the liberty. The applicant has apprehension of his arrest any time.

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Learned A.G.A. opposed the prayer.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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In this matter, as is evident from the record, offences levelled against the applicant are of Sections 323, 452, 308, 504, 506, 34 IPC, which are punishable with the imprisonment upto seven years. No custodial interrogation is required. The applicant has accorded his co-operation in the investigation. 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

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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 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 not a fit case for anticipatory bail to the applicant 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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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 application stands disposed of accordingly.

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Order Date :- 4.7.2023/Shivangi

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

Sunil Singh v. State of U.P. and Another

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Sunil Singh v. State of U.P. and Another

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