Allowed

Navab Ahmad v. State of U.P. and Another

Allahabad HC26 Nov 2024ABAIL/9875/2024

Case brief

AI extract

What is this about?

Single judge allowed an anticipatory bail application filed by Navab Ahmad facing charges under IPC and Essential Commodities Act regarding food grain irregularities, granting bail pending filing of the police report.

What did the court decide?

Application allowed; applicant released on anticipatory bail on personal bond of Rs. 50,000 with two sureties pending filing of police report.

Navab Ahmad vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:185013

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Court No. - 82

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9875 of 2024

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Applicant :- Navab Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application has been moved on behalf of the applicant - Navab Ahmad seeking anticipatory bail in Case Crime No. 535 of 2018, under sections 420, 467, 468, 471 IPC and 3/7 Essential Commodities Act and 66-D I.T. Act, P.S. Kotwali Jalaun, District Jalaun.

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The F.I.R. consists of the allegation of a large number of irregularities committed in the distribution of food grains and unauthorized Aadhar Cards were used by the fair price shop dealers. In this connection, F.I.R. was lodged on 19.12.2018 against 16 named accused persons and some bearers of Aadhar Cards, which were used in the commission of the crime.

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It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Investigation is going on in the matter. It is also submitted that the applicant has no criminal history to his credit. It is further submitted that co-accused Saleem Ansari has already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 10409 of 2023 by order dated 1.11.2023. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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It reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicant till date

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and he has cooperated during the investigation.

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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 held 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, llikelihood 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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In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676 , the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

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Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the 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 filing of police report under Section 173(2) Cr.P.C. before the competent Court.

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10. The application is allowed accordingly.

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In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer 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/her 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 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, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.

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Order Date :- 26.11.2024 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Navab Ahmad v. State of U.P. and Another

Case brief

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Navab Ahmad v. State of U.P. and Another

Case brief

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