The Allahabad High Court entertained an anticipatory bail application filed to avoid arrest in a case involving theft of livestock. The court held it was a fit case to grant bail till the conclusion of the trial subject to conditions.
Anticipatory bail allowed till end of trial on furnishing personal bond of Rs. 50,000 with two sureties each.
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Neutral Citation No. - 2024:AHC:134944
Court No. - 86
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5533 of 2024
Applicant :- Sakir @ Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
of investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant. Criminal history of the applicant has been explained and as such he is entitled for anticipatory bail.
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.
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.
each in the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;
(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;
(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.
Order Date :- 21.8.2024 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail is maintainable after the filing of a charge sheet in a cognizable offence.
Whether the applicant is entitled to anticipatory bail on furnishing a personal bond with sureties.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶14
(2020) 5 SCC 1 · Who else cites this
1 provisions across 1 enactments
Sakir @ Raja
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
