Allahabad High Court
Zakir vs State Of U.P. And Another on 16 August, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7181 of 2022
Applicant :- Zakir
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rahul Singh Dahiya
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present anticipatory bail application has been filed with the prayer to grant anticipatory bail to the applicant in case crime no. 487 of 2021 under Section 182, 407, 120-B IPC, P.S. Garh Mukteshwar District Hapur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. It is also submitted that although the applicant was named in the first information report but his name came in the confessional statement of arrested co-accused Adil. The applicant is the relative of arrested co-accused Adil and the role assigned to the applicant is of conspiracy. It is further submitted that the applicant has fully cooperated with the investigation and charge sheet has been submitted against him without collecting any cogent and credible evidence. The applicant has no previous criminal history. Further submission is that there is no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial. The applicant is ready to cooperate with the trial. In support of his submission, learned counsel for the applicant 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.
Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicant and has submitted that during course of investigation charge sheet has been submitted and in view of seriousness of the allegation against the applicant, the applicant is not entitled for anticipatory bail.
I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record.
The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under:
"10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is 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.
11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."
In Aman Preet Singh (supra), the Court 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.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and the undertaking given by the applicant that he will cooperate with the trial, I am of the opinion that it is a fit case for grant of bail to the applicant.
Accordingly, the anticipatory bail application is hereby allowed.
Let the applicant Zakir be enlarged on anticipatory bail in above case crime number till the 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 his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
(v) The accused/appellant shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
With the aforesaid observation/direction, this anticipatory bail application is allowed.
Order Date :- 16.8.2022
Ashish
