Allowed

Shiv Kumar v. State of U.P. and Another

Allahabad HC6 Oct 2023ABAIL/8453/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant Shiv Kumar in a criminal case involving charges of forgery, forgery framings, and cybercrime related to sharing an indecent video. The court set a personal bond and security with strict conditions regarding appearance, witness tampering, and travel.

What did the court decide?

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

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

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Neutral Citation No. - 2023:AHC:192600

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8453 of 2023

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Applicant :- Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Buddhi Prakash

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Hon'ble Nalin Kumar Srivastava,J.

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This application has been moved on behalf of the applicant Shiv Kumar seeking anticipatory bail in Case Crime No. 190 of 2023, under Sections 465, 468, 471, 500 IPC and 67 I.T. Act, Police Station Tirwa, District Kannauj.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None is present for the informant even in the revised call.

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It is 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. Applicant has no criminal history. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail. It is lastly submitted that the alleged offences are punishable with the imprisonment for a maximum period of seven years.

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Learned A.G.A. opposed the prayer for anticipatory bail and submitted that charge sheet in this matter has already been submitted and ample evidence has been collected against the applicant but he has fairly conceded that so far the charge sheet has not been submitted before the Court concerned and the same is lying with the C.O. concerned.

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I have considered the rival submissions made by the learned counsel for the parties.

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From the perusal of the record it reveals that some indecent

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video with a view to defame the informant and the local M.L.A. was made viral on social media by the present applicant and F.I.R. was lodged and investigation started and as stated by the learned AGA charge sheet has been submitted but the same is lying with the C.O. concerned. It also reveals that the alleged offences are punishable with the imprisonment for a maximum period of seven years. The applicant has been cooperative with the investigation.

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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 law on the subject finally by holding that 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 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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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

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The application is allowed accordingly.

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In the event of arrest of the applicant, 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 make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

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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 office.

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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, the same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 6.10.2023

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safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Shiv Kumar v. State of U.P. and Another

Case brief

What is this about?

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Shiv Kumar v. State of U.P. and Another

Case brief

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