Allowed

Shivam v. State of U.P. and Another

Allahabad HC24 Jul 2023ABAIL/7927/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant Shivam in a case involving alleged theft of a motorcycle. The applicant claimed innocence and lack of evidence. The court relied on settled principles allowing anticipatory bail till the end of the trial and imposed strict conditions.

What did the court decide?

Anticipatory bail granted till the end of trial on a personal bond of Rs. 50,000 with two sureties, subject to specified conditions.

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

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Neutral Citation No. - 2023:AHC:149509

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7927 of 2023

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Applicant :- Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Geetam 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 material available on record.

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Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Shivam in Case Crime No.151 of 2022, under Sections 413, 414 I.P.C., Police Station Sidhpura, District Kasganj, with a prayer to enlarge him on anticipatory bail.

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One stolen motorcycle was recovered from two accused persons namely, Ajay and Rinku by the police and on their statement, name of the present accused applicant came into light and F.I.R. was lodged against all the three accused persons on 30.8.2022.

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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 her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed. It is further submitted that the name of the present applicant came into light on the basis of statement of co-accused persons. It is further submitted that nothing has been recovered from the possession or the place under the control of the applicant. It is further submitted that the co-accused Ajay and Rinku, who have been arrested by the police on spot, have been granted regular bail by the Sessions Court. The applicant has been cooperative during the course of investigation. He has not been declared proclaimed offender by the trial court. No process under sections 82, 83 Cr.P.C. has been issued against the applicant. It is further submitted that no custodial interrogation is required in this matter from the applicant. Applicant has no criminal antecedents and as such he is entitled 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

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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 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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7. 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 :- 24.7.2023 ss

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

Shivam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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