Allahabad High Court
Khalil And 3 Others vs State Of U.P. And Another on 26 July, 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. - 1277 of 2022
Applicant :- Khalil And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bharat Singh
Counsel for Opposite Party :- G.A., Sunil Kumar Srivastava
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicants, Sri Sunil Kumar Srivastava, learned counsel for the first informant and learned Additional Government Advocate for the State.
This anticipatory bail application has been filed for grant of anticipatory bail in Case Crime No.459 of 2019 under Sections 452, 323, 504, 506 IPC, Police Station- Cantt., District -Bareilly.
Learned counsel for applicants has submitted that the applicants have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that applicant no. 2, Jameel lodged the F.I.R. against son of opposite party no. 2/complainant of this case as case crime no. 456 of 2019 under Sections 452, 354, 323, 506, 307 I.P.C. in which the date of incident was mentioned as 24.10.2019 and the time of the incident is 3 to 4 p.m. As a counter blast case opposite party no. 2 lodged the present false and frivolous F.I.R., which has been lodged as case crime no. 459 of 2019 in which the date of incident was mentioned as 25.10.2019. He further submitted that no one have got injury on behalf of the complainant side. It is also submitted that the first informant side has also got anticipatory bail by this court. He further submitted that the charge sheet has been filed against them. During the course of the investigation, they have never been arrested. Further submission is that the applicants shall fully cooperate with the investigation, therefore no need of custodial interrogation of the applicants, hence, the applicants may be enlarged on anticipatory bail till conclusion of trial and they are ready to cooperate with the trial. If the applicants are granted anticipatory bail, they will never misuse the same. In support of his submission, learned counsel for the applicants 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 and Sri Sunil Kumar Srivastava, learned counsel for the first informant has vehemently opposed the prayer for anticipatory bail to the applicants. Thus, the anticipatory bail application of the applicant is liable to be rejected.
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, I am of the opinion that it is a fit case for grant of bail to the applicants.
Accordingly, the anticipatory bail application is hereby allowed.
Let the applicants-Khalil, Jameel, Babu and Sonu, be released on bail by the trial Court 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. The applicants shall cooperate in the investigation;
(iii) In case, the applicants misuse 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; and
(iv) The applicants 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 their bail and proceed against them in accordance with law.
(v) The applicants 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.
Order Date :- 26.7.2022
Anuj Singh
