Allowed

Babbu Tyagi @ Vijit Tyagi v. State of U.P. and Another

Allahabad HC5 Jul 2024ABAIL/5160/2024

Case brief

AI extract

What is this about?

The Allahabad High Court considered an anticipatory bail application filed by Babbu Tyagi in a case involving assault and grievous hurt. Relying on Supreme Court precedents, the court observed the applicant's cooperation and lack of need for custodial interrogation.

What did the court decide?

The application is allowed; applicant released on anticipatory bail pending trial on furnishing a personal bond of Rs. 50,000 with two sureties under specified conditions.

Babbu Tyagi @ Vijit Tyagi vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124970

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Court No. - 86

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5160 of 2024

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Applicant :- Babbu Tyagi @ Vijit Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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IIIrd Supplementary affidavit filed today is taken on record.

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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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This application for anticipatory bail has been filed by the applicant - Babbu Tyagi @ Vijit Tyagi in connection with Case Crime No.229 of 2023, under Sections 323, 324, 308, 504, 506, 120-B IPC, Police Station Hapur Dehat, District Hapur seeking anticipatory bail during the pendency of trial.

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On 23.6.2023 at about 11 in the night the informant had gone to attend a marriage ceremony where accused Bittu Tyagi, Ankush Tyagi and 4 other unknown persons were already present and who were having grudge with the informant, abused the informant and assaulted him with the aid of lathi, danda and knife. The informant sustained nasal bone fracture and his tooth was broken. He also received serious injuries on his head and other parts of the body. When he tried to run from there, he was caught by the accused persons and again they made assault upon him with sharp edged weapons, lathi and danda with intention to kill, upon which the informant became unconscious and when he regained his consciousness, he gave information to the police. F.I.R. was lodged on 24.6.2023 and investigation started and now the charge-sheet has been submitted in the matter.

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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 him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. It is further submitted that notice under Section 41-A Cr.P.C. has been given by

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the I.O. of the case to the applicant. It is further submitted that no specific role has been assigned to the applicant in the alleged incident. It is further submitted that criminal history of the applicant has been explained in IInd supplementary affidavit. It is further submitted that during the course of investigation, the applicant has been cooperative with the investigation and now after filing of the charge-sheet, he has not been declared proclaimed offender. It is further submitted that no custodial interrogation is required in this matter of the applicant and he is entitled for bail, as the offence levelled against him is punishable for a maximum period of seven years of imprisonment.

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Learned A.G.A. opposed the anticipatory bail, but however could not dispute the factual aspect, which has been disclosed by the learned counsel for the applicant.

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It reveals from the perusal of the record that charge-sheet has been submitted in the matter. Applicant has been cooperative during the course of investigation. No custodial interrogation is required in the matter. The offence levelled against the applicant is punishable for a maximum period of seven years of imprisonment.

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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, 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

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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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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 :- 1.8.2024 ss

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

Babbu Tyagi @ Vijit Tyagi v. State of U.P. and Another

Case brief

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Babbu Tyagi @ Vijit Tyagi v. State of U.P. and Another

Case brief

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