Shuaib & Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Shuaib & Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicants (Shuaib and Suhail) in the event of arrest, during pendency of trial, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of availability on fixed dates, no inducement/threat/promise, and no departure from India without previous permission with passport (if held) deposited before the concerned court; breach of any condition empowers the court concerned to enforce the same.

Issue for consideration

Whether the applicants, who face apprehension of arrest after completion of investigation and filing of charge-sheet in Case Crime No. 406 of 2022 (Sections 307, 506 I.P.C., Police Station Lisadi Gate, District Meerut), are entitled to anticipatory bail under Section 438 Cr.P.C. during the pendency of trial.

Court's answer

Having regard to the nature of accusations, the belated lodging of the F.I.R., the absence of any injury to any person in the alleged incident, the grant of interim anticipatory bail during investigation, completion of investigation, filing of the charge-sheet, the applicants' cooperation and the absence of any need for custodial interrogation, and without commenting on the merits of the case, the applicants were held entitled to be enlarged on anticipatory bail; the learned A.G.A.'s opposition could not be satisfactorily disputed from the record.

Ratio / Principle

In the event of arrest, the applicants Shuaib and Suhail are to be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions that they make themselves available on each date fixed by the court concerned, neither directly nor indirectly make any inducement, threat or promise to dissuade disclosure of facts, and do not leave India without previous permission (any passport to be deposited before the concerned court); in default of any condition the court concerned may pass appropriate enforcing orders.

Detailed headnote1 paragraphs

Anticipatory bail granted during pendency of trial to applicants Shuaib and Suhail in Case Crime No. 406 of 2022 under Sections 307 and 506 I.P.C., Police Station Lisadi Gate, District Meerut. Weighed in their favour: the F.I.R. was lodged belatedly (incident 13.07.2022; F.I.R. 16.07.2022); no person received any injury in the alleged incident; interim anticipatory bail had earlier been granted till submission of the police report (orders dated 15.02.2023 and 27.02.2023 in Criminal Misc. Anticipatory Bail Application Nos. 12719 of 2022 and 12721 of 2022); investigation was complete; charge-sheet stood filed; the applicants had cooperated and no custodial interrogation was required. The learned A.G.A. opposed the prayer but could not satisfactorily dispute the submissions from the record. The court decided without commenting on merits. Release ordered, in the event of arrest, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, with conditions of availability, abstention from inducement/threat/promise, and no foreign travel without permission (passport to be deposited); default authorises enforcement by the court concerned. Application disposed of by Vivek Varma, J.; order dated 19.03.2025.