Allahabad High Court
Firoz Ali And 3 Others vs State Of U.P. on 18 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:239943
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14011 of 2023
Applicant :- Firoz Ali And 3 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Amlesh Kumar Yadav
Counsel for Opposite Party :- G.A.,Agnivesh,Jadu Nandan Yadav
Hon'ble Nalin Kumar Srivastava,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Amlesh Kumar Yadav, learned counsel for the applicants, learned A.G.A. for the State as well as Sri Agnivesh, learned counsel for the informant and perused the material available on record.
3. This application for anticipatory bail has been filed by applicants - Firoz, Nasrin Begum, Mazid and Nadim in connection with Case Crime No.333 of 2023, under Sections 452, 323, 325, 504, 506 IPC, Police Station Gursahaiganj, District Kannauj.
4. It is submitted by the learned counsel for the applicants that the applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. They have been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken into the matter. It is further submitted that the applicants have been cooperative during the course of investigation. It is further submitted that notice under section 41-A Cr.P.C. was served upon the applicant during investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant as the offences alleged against the applicant are punishable with the imprisonment upto a maximum period of seven years. It is further submitted that the applicants have no criminal history to their credit. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
5. On the other hand, learned A.G.A. opposed the prayer for anticipatory bail.
6. Although charge-sheet has been submitted in the present matter, but 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 end of 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 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.
7. In Aman Preet Singh v. CBI, (2022) 13 SCC 764, the Hon'ble Apex Court has held that :
"11. A reading of the aforesaid shows that it is the guiding principle for a Magistrate while exercising powers under Section 170CrPC which had been set out. The Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge-sheet forthwith and proceed in accordance with the procedure laid down under Section 173CrPC. It has been rightly observed that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest. In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated under Section 87CrPC that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him. In fact the observations in sub-para (iii) above by the High Court are in the nature of caution.
12. Insofar as the present case is concerned and the general principles under Section 170CrPC, 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 are itself sufficient to entitle him to be released on bail. 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."
8. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter.
9. The anticipatory bail application is allowed.
10. In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial on their 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 :-
(i) The applicants shall make themselves available before the court concerned on the date fixed in the matter;
(ii) The applicants 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 officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.
11. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants.
Order Date :- 18.12.2023
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