The Allahabad HC recently comprising of a bench of Justice Suresh Kumar Gupta stated that the Sessions Court should not reject bail applications on petty issues without application of judicial mind. (Rudra Dutt Sharma Alias Rudra Singh v. State of U.P. and Another)
Facts of the case
This anticipatory bail application under section 438 Cr.P.C. was moved seeking anticipatory bail in a case under sections- 147/353 IPC.
Contention of the Parties
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present. The applicant has not committed any offence as alleged by the prosecution. It is further submitted that the applicant is 60 years old. No specific role was assigned to the applicant. The offence levelled against the applicant is punishable upto two years. After filing of charge-sheet, the applicant moved the anticipatory bail application before the sessions court, but the sessions court without appreciating the material available on record rejected the same. There is apprehension of arrest of the applicant, therefore, he seeks anticipatory bail.
The counsel for the applicant submitted that however, no offence is made out against the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial. In support of his submission, he has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154. The applicant has no criminal antecedents and he is ready to cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the above facts.
Courts Observation and order
The bench at the very outset observed, "The Hon'ble Supreme Court in the case of Aman Preet Singh (supra), has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail."
The bench further observed, "Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, I am of the view that often it is seen that even in a petty issue, the sessions court rejects the bail application without application of judicial mind and in a routine manner. This is a very sorry state of affairs. Such type of bail application should be considered and decided by the sessions court. It is a fit case for grant of anticipatory bail to the applicant."
The bench allowing the bail application remarked, "Accordingly, the anticipatory bail application is hereby allowed. In the event of arrest, the applicant- Rudra Dutt Sharma alias Rudra Singh involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. The applicant shall cooperate in the investigation;
(iii) In case, the applicant misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code."
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