Allowed

Akash Yadav v. State of U.P.

Allahabad HC18 Aug 2023ABAIL/7984/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by Akash Yadav in a criminal case involving offences under Sections 147, 323, 504 IPC. The court applied settled principles that anticipatory bail can continue until the conclusion of the trial and granted it subject to specific conditions.

What did the court decide?

Application for anticipatory bail allowed until the conclusion of the trial, subject to furnishing a bond of Rs. 50,000 with two sureties and compliance with specific conditions.

Akash Yadav Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166858

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7984 of 2023

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Applicant :- Akash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Tarkeshwar Pandey,Vijay Kumar Mishra 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 AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicant- Akash Yadav in connection with Case Crime No. 289 of 2021, under sections 147, 323, 504, 506, 325, 452 IPC, P.S. Chaubeypur, District Varanasi.

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It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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It is further submitted that interim anticipatory bail was granted to the accused applicant by this Court vide order dated 18.07.2023 but the same has not been misused by him.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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From perusal of the record, it appears that offence levelled against the applicant is punishable with the imprisonment for 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, 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 a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

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9. 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 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 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(iv) The applicant shall not leave India without prior 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 breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law.

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Order Date :- 18.8.2023 Shivangi

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

Akash Yadav v. State of U.P.

Case brief

What is this about?

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Akash Yadav v. State of U.P.

Case brief

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