Allowed

Aakil v. State of U.P. and Another

Allahabad HC8 Aug 2024ABAIL/7813/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by an accused in an assault case under Sections 147/148/149/323/307 IPC. The court noted no criminal antecedents and that the State failed to show risk of flight, tampering or prejudice to investigation, and allowed bail till charge-sheet with conditions.

What the court decided

AI extract

Aakil vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:137012

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7813 of 2024

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Applicant :- Aakil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Akil, in Case Crime No. 122 of 2024 under Sections 147, 148, 149, 323, 307 I.P.C., Police Station - Dhaulana, District - Hapur.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. As per the First Information Report, it is alleged that the nominated accused who are five in number have assaulted and as a result of the same injured has suffered injury. Learned counsel for the applicant has drawn attention of this Court to the injury report, which is at page no. 30 of the paper book, where three injuries have been found. One is lacerated wound over frontal region of the skull and two are abrasions. Learned counsel for the applicant further submits that injury in the head has been specifically assigned to the co-accused Najim. It is further submitted by learned counsel for the applicant that the role assigned to the applicant is of beating, however, no serious injuries have been caused on account of beating. Learned counsel for the applicant further submits that it is the co-accused Najim who has assaulted with butt of the firearm and as a result of the same injury has been sustained. In this reference, learned counsel for the applicant has drawn attention of this Court to the statement of the injured where also it has not been assigned that the applicant was author of the injury on the head. Learned counsel for the applicant further submits that no offence under Section 307 I.P.C. is made out against the applicant in view of the statement of the Doctor which is at page no. 46 of the paper book. It is submitted by learned counsel for the applicant that co-accused Asraf has already been

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granted anticipatory bail vide order dated 29.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6548 of 2024. Applicant claims parity. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that applicant's case is squarely covered under Section 438 Cr.P.C. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.

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Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

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It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not 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.

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

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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 applicant 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.

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In view of the above, the applicant is granted anticipatory bail in respect of offence described in para 2 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail till submission of charge sheet on his furnishing a personal bond of Rs.25,000/- 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 for interrogation by a police office 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 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 concerned.

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

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

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(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.

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(vii) The applicant shall maintain law and order.

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(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.

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

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(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.

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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 protection granted to the applicant.

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

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Order Date :- 27.8.2024

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K.K. Maurya

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Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Aakil v. State of U.P. and Another

Case brief

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What the court decided

Aakil v. State of U.P. and Another

Case brief

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