Allowed

Ansar Hussain v. State of U.P.

Allahabad HC11 Oct 2023ABAIL/9563/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Ansar Hussain in a theft and cheating case. The court held that the application is a fit case for bail till the police report is filed, subject to specific conditions including a personal bond and surrender requirements.

What did the court decide?

Anticipatory bail granted pending police report under Section 173(2) Cr.P.C. Applicant to be released on personal bond of Rs.50,000 with two sureties of like amount.

Ansar Hussain Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:197010

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9563 of 2023

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Applicant :- Ansar Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Ahtisham Hussain Hashmi

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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 as well as learned A.G.A. for the State and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Ansar Hussain in Case Crime No.70 of 2019, under Sections 457, 380, 411 IPC, Police Station - Bewar, District - Mainpuri.

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It is alleged in the F.I.R. that the theft was committed in the shop of the informant and F.I.R. against unknown persons was lodged on 17.02.2019. Subsequently, after investigation, charge sheet was submitted in this matter.

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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. Investigation is going on in the matter. 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 the accused applicant is not named in the F.I.R. It is further submitted that mobile has been recovered from the other co-accused person. It is next submitted that no incriminating article has been recovered from the place of the present applicant and on the basis of confessional statement of coaccused persons, the name of the present applicant came into light. It is also submitted that accused applicant has no criminal history to his credit.

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Learned A.G.A. opposed the prayer. However, he could not

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dispute this factual aspect that the name of the present applicant came into light on the basis of confessional statement of coaccused persons.

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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 held 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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In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676 , the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

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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 filing of police report under Section 173(2) Cr.P.C. in the matter.

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10. The application is allowed .

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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 Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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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 Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.

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Order Date :- 11.10.2023 Shivangi

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

Ansar Hussain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ansar Hussain v. State of U.P.

Case brief

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