Allahabad High Court
Jatin And Another vs State Of U.P. And Another on 17 May, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:111438
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4305 of 2023
Applicant :- Jatin And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashutosh Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. This application has been moved on behalf of the applicants - Jatin and Bhopal seeking anticipatory bail in Case Crime No.54 of 2021, under Sections 323, 308, 504 IPC, Police Station Nagal, District Bijnor.
2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
3. It is alleged in the F.I.R. that both the accused applicants on 1.6.2021 at about 10:00 A.M. came to the house of the informant and made an assault upon the son and wife of the informant with the aid of iron rod and danda. F.I.R. was lodged and investigation started.
4. It is submitted by the learned counsel for the applicants that in the CT Scan of the injured namely, Brijeshi Devi, one fracture has been shown, but however, the said CT Scan Report has been obtained privately and it was not performed in the Government Hospital. Applicants have no criminal history to their credit. They have been cooperative during the course of investigation. Earlier, charge-sheet was filed, which was subsequently withdrawn by the C.O. concerned and on further investigation, Section 308 IPC was added to the present matter. It is further submitted that the prosecution story is false and fabricated. The applicants are innocent and have not committed the alleged offence. They have been falsely implicated in this matter. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
5. Learned A.G.A. opposed the prayer for anticipatory bail and argued that in the CT Scan Report of injured Brijeshi Devi, fracture in mastoid part of right temporal bone and hemorrhage contusion in left temporoparietal region has been found and the doctor has opined that these injuries are of grievous nature.
6. In this matter, after completion of investigation, charge sheet has been submitted and cognizance has also been taken by the Court concerned.
7. 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.
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 not a fit case for anticipatory bail to the applicants till the end of trial. The prayer made in the application is refused.
9. However, it is observed that the bail application of the applicants, 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 vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.
It is further directed that the learned court concerned, while considering the bail application of the applicants 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, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter.
10. The application stands disposed of accordingly.
Order Date :- 17.5.2023
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