Fakeer Chand vs State of U.P. and Another

This application has been moved on behalf of the applicant seeking anticipatory bail in Case Crime No. 322 of 2023 under Sections 323, 504, 506, 308 IPC, Police Station Jansath, District Muzaffar Nagar.

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It has been submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present matter due to ulterior motive. He next submits that in the incident both the sides sustained injuries and from the side of applicant also a FIR has been lodged against son of O.P. No.2 and others. It is next submitted that charge sheet has already been filed against the applicant and coaccused Jaipal on 24.12.2023, therefore, there is no need of custodial interrogation of the applicant. It is next submitted that applicant is having apprehension of arrest by the police any time in the above-mentioned case. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation/trial.

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Per contra, learned A.G.A. opposed the prayer for anticipatory bail.

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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 settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till trial. It has been further held by the Hon'ble Apex Court 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, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by

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NABAIL No. 1332 of 2026

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2

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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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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the trial.

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8. The application is allowed accordingly.

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In the event of arrest of the applicant- Fakeer Chand shall be released on anticipatory bail till the end of trial on furnishing a personal bond of Rs.50,000/- 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/herself available before the Investigating Officer/Court concerned on the date fixed in the matter and will cooperate in the investigation/trial.

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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/she has passport, the same shall be deposited by him/her before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant.

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May 12, 2026

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KK Patel

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(Jai Prakash Tiwari,J.)

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Fakeer Chand v. State of U.P. and Another

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Fakeer Chand v. State of U.P. and Another

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