Allahabad High Court
Sonu @ Saurabh vs State Of U.P. on 1 March, 2023
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12663 of 2022
Applicant :- Sonu @ Saurabh
Opposite Party :- State of U.P.
Counsel for Applicant :- Karshit Nigam,Samarth Sinha
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
01. Heard Sri Samarth Sinha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
02. The instant anticipatory bail application has been filed on behalf of the applicant-Sonu @ Saurabh with a prayer to release him on bail in Case Crime No.160 of 2021, under Sections 272 and 273 I.P.C. and Section 63/72 of U.P. Excise Act, P.S. Baghpat, District Baghpat.
03. As per prosecution case, a four wheeler was intercepted by a team of excise officers and police officials. The moment vehicle was stopped, one of the persons sitting on conductor seat fired upon them and fled away. Accused Rajpal was arrested. Illicit and adulterated liquor and other articles were recovered from inside the truck. The person arrested could not show requisite papers.
04. It is contended on behalf of the applicant that he has been falsely implicated in this case and was not arrested on the spot. As per prosecution version, his name has been revealed by the Driver of the truck. He has no concern with the incident and in the F.I.R. he has been named for ulterior motives. The applicant has no criminal history and that he shall abide by conditions imposed by this Court.
05. The anticipatory bail application is opposed by learned A.G.A. pressing before me facts that the process under Section 82 Cr.P.C. has been issued against the applicant and that he is evading his arrest. The allegations against are serious in nature.
06. On the point of issuance of process under Section 82 Cr.P.C. the applicant has cited before me judgements of a coordinate Bench of this High Court passed in Criminal Misc.Anticipatory Bail Application U/S 438 Cr.P.C. No.4645 of 2022 and Criminal Misc.Anticipatory Bail Application U/S 438 Cr.P.C. No.3532 of 2022, to stress the point that merely issuance of process under Section 82 Cr.P.C. is neither a bar in filing anticipatory bail nor a ground for disallowing the same. It is argued that every case has to be considered in the light of its own facts and circumstances. The law has not created any statutory bar.
07. I went through the aforesaid judgments. There appears force in the argument advanced by the applicant.
07. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
08. In the instant case, I considered submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, a case for anticipatory bail is made out. Hence, the present anticipatory bail application is allowed.
09. Let the applicant Sonu @ Saurabh involved in the aforesaid case crime number be released on anticipatory bail till submission of police report under Section 173 (2) Cr.P.C on furnishing a personal bond with two sureties each of the same amount to the satisfaction of the court concerned, subject to the conditions as below:-
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the applicant 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) that the applicant shall not leave India without previous permission of the court;
(iv) that the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
10. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
11. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 1.3.2023
Asha
