Allahabad High Court
Smt. Anita Gupta vs State Of U.P. And Another on 21 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242163
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14306 of 2023
Applicant :- Smt. Anita Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Sri Mohd. Raghib Ali, Advocate has filed his Vakalatnama on behalf of the complainant/opposite party no.2 today in the Court, the same is taken on record.
2. This application has been moved on behalf of the applicant seeking anticipatory bail in Case Crime No. 27 of 2023, under Sections 323, 352, 452, 504, 506, 308 IPC, P.S.- Ratanpuri, District- Muzaffarnagar.
3. Heard Sri Rajesh Kumar Sharma, learned counsel for the applicant, Sri Mohd. Raghib Ali, learned counsel for the opposite party no.2 and learned A.G.A. for the State as well as perused the record.
4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant is false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken by the Court concerned.
5. It is further submitted that during investigation, the applicant has been fully cooperative. It is further submitted that the alleged offences are punishable with the imprisonment of maximum period of seven years. Applicant has no criminal history. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
6. Learned A.G.A. opposed the prayer for anticipatory bail.
7. In this matter, as is evident from the record, offences levelled against the applicant are punishable with the imprisonment upto seven years. After completion of investigation, charge sheet has been submitted and cognizance has also been taken by the Court concerned.
8. In Sushila Aggarwal and others Vs State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding 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.
9. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant till the end of trial. The prayer made in the application is refused.
10. However, it is directed that police and learned trial Court shall strictly adhere with the directions in regard to arrest issued by Hon'ble Supreme Court in the cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil Vs CBI and another, 2022 SCC OnLine SC 825. In cases where maximum punishment is upto seven years, arrest and jail is not necessary. Trial Court and investigation agency shall take care of the directions issued in the said judgements. It is further observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil (Supra).
11. It is further directed that the learned court concerned, while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit.
12. The application stands disposed of accordingly.
Order Date :- 21.12.2023
Krishna*
