High Court of Allahabad granted anticipatory bail to Mohseen under S. 438 Cr.P.C. in a case involving Cow Slaughter Act offences. The Court held that infirm evidence from a police confession and lack of criminal history justified bail with standard conditions.
Anticipatory bail granted on a personal bond of Rs. 25,000/- with two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:134662
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6780 of 2024
Applicant :- Mohseen Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted 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 his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.
7-A. It is to be seen that in the present case the evidence is the confessional statement of the co-accused while in custody of police. By virtue of the provisions of Section 25 of the Evidence Act, a confession made to a police officer under no circumstance is admissible in evidence against an accused. Inadmissibility of a confessional statement made to a police office under Section 25 of the Evidence Act is based on the ground of public policy. The object of inadmissibility in evidence of the confession is to ensure that the person accused of offence would not be induced by coercion, threat, or force to make confession and officer would make every effort to collect the evidence of the commission of crime apart from confession. Section 25 of the Evidence Act bars proof of admission of an offence by an accused to a police officer or made by him while in the custody of a police officer. Section 162 of the Criminal Procedure Code provides that no statement made by any person to a police officer in the course of an investigation shall be used as evidence. No other material or evidence has been shown by opposite party which would indicate the complicity of the applicant in the alleged crime.
(i) The applicant shall make himself available for interrogation by a police office as and when required.
(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 from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court concerned.
(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.
(v) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.
(vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
(vii) The applicant shall maintain law and order.
(viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned.
(ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.
(x) Non presence of the applicant or his 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.
Order Date :- 22.8.2024 VMA
Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail can be granted to the applicant in the present case given the circumstances.
Whether the reliance on a confessional statement of a co-accused satisfies the prima facie case required to deny bail.
4 provisions across 3 enactments
Mohseen
Vikram D. Chauhan
Vishwa Mohan Arora
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
