Allowed

Azaad v. State of U.P. and Another

Allahabad HC8 Aug 2023ABAIL/8165/2023

Case brief

AI extract

What is this about?

This judgment considers an anticipatory bail application filed by Azaad in a case regarding illegal possession of explosives. The single judge held that it is a fit case for granting bail till the conclusion of the trial, subject to specific conditions, noting that no custodial interrogation is required after the charge sheet. Justice Nalin Kumar Srivastava followed Supreme Court precedents to gra

What did the court decide?

The anticipatory bail application was allowed; applicant to be released on personal bond of Rs. 50,000 with two sureties subject to conditions regarding tampering, intimidation, future offences, and p

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

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Neutral Citation No. - 2023:AHC:158753

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8165 of 2023

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Applicant :- Azaad

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Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Yadav 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- Azaad in connection with Case Crime No. 62 of 2019 under sections 5, 9(B) of Indian Explosives Act, 1884, P.S.Phoolpur, District- Azamgarh.

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In the shop of the applicant some explosive illegally kept there were recovered by the police and the applicant fled away from spot. The retrieved materials were sealed and FIR was lodged on 20.03.2019 and investigation started. Now the charge sheet has been submitted.

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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. It is further submitted that the applicant is not the owner of the shop in question. It is further submitted that the applicant is a driver and due to some booking dispute the police was annoyed with him and a false FIR with malice intention has been lodged against the applicant. It is further submitted that during course of investigation the applicant has been cooperative and he has no criminal history to his credit. 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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Learned A.G.A. has opposed the prayer for anticipatory bail.

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In the present case the applicant has been cooperative during course of investigation and now after filing of the charge sheet no

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custodial interrogation is required.

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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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The anticipatory bail application is allowed accordingly.

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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 he has passport, the same shall be deposited by her 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 :- 8.8.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Azaad v. State of U.P. and Another

Case brief

What is this about?

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Azaad v. State of U.P. and Another

Case brief

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