Allowed

Premraj and 3 Others v. State of U.P.

Allahabad HC19 Jul 2024ABAIL/6172/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicants for offences under Sections 452, 323, 504, and 506 IPC, which carry a maximum punishment of up to 7 years. Relying on the guidelines in Satender Kumar Antil, the court held that ordinary summons should be issued and bail granted without custody, given the applicants' lack of criminal history and the State's failure to show risk of tampering.

What did the court decide?

Anticipatory bail granted for offences under Sections 452, 323, 504, 506 IPC with conditions of personal bond and sureties.

Premraj and 3 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:114964

¶2

Court No. - 73

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6172 of 2024 Applicant :- Premraj And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vikram D. Chauhan,J.

¶5

Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

¶6

The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants- Premraj, Virendra, Yashpal and Narendra in Case No.403 of 2024 (State Vs. Prem Raj and others) arising out of Case Crime No. 352 of 2023, under Sections 452, 323, 504, 506 I.P.C., Police Station - Milak, District - Rampur.

¶7

It is submitted by learned counsel for the applicants that applicants and informant are family members and the dispute has arisen between the parties as a result of same, present First Information Report has been lodged. It is submitted by learned counsel for applicants that charge sheet has been submitted against applicants under Sections 452, 323, 504, 506 I.P.C., which is punishable upto 7 years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 , the applicants are entitled to be enlarged on anticipatory bail. Applicants have no criminal history.

¶8

Learned A.G.A. for the State could not dispute the fact that the offence under Sections 452, 323, 504, 506 I.P.C., is punishable upto 7 years. He does not dispute the law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil (supra) .

¶9

The Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. Once of the category being CategoryA are offences punishable with imprisonment of 7 years or less. The Supreme Court in paragraph-3 of the aforesaid judgment

¶10

has laid down the guidelines that after the filing of the charge sheet/cognizance ordinary the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India.

¶11

It is further to be noted that as per Section 41 of the Code of Criminal Procedure also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto 7 years.

¶12

It is not the case of the opposite party that applicants were arrested for offence punishable under Sections 452, 323, 504, 506 I.P.C. during investigation and it is also not the case of the opposite party for that the applicants have not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicants and the applicants have been charge-sheeted and summoned in respect of offence in which punishment provided is upto 7 years, then in view of the judgment of the Supreme Court in Satender Kumar Antil's (supra) , the liberty of the individual is required to be protected.

¶13

It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that their mere presence at large would intimidate the witnesses or that accused will use their liberty to subvert justice or tamper with the evidence.

¶14

Learned Counsel for opposite parties has not placed any criminal antecedents of the applicants. The applicants have no criminal history.

¶15

It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶16

In view of the above, the applicants are granted anticipatory

¶17

bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

¶18

(i) The applicants shall make themselves available for interrogation by a police office as and when required.

¶19

(ii) The applicants 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 them from disclosing such facts to the Court or to any police office.

¶20

(iii) The applicants shall not leave India without the previous permission of the Court concerned.

¶21

(iv) In the event, the applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing.

¶22

(v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required.

¶23

(vi) The applicants shall maintain law and order.

¶24

(vii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned.

¶25

(viii) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.

¶26

(ix) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

¶27

In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants.

¶28

With the directions made above, the anticipatory bail application stands allowed .

¶29

Order Date :- 19.7.2024

¶30

D. Tamang

¶31

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Premraj and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Premraj and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Qazi Ziaulrehman vs State of U.P.

Ajay Kumar Sharma @ Ajay Kumar Singh vs State of U.P. and Another

Sadhu @ Sarvajeet vs State of Up and 3 Others

Chandrapal vs State of U.P. and Another

Rohtas and Another vs State of U.P. and Another

Naved vs State of Up and Another