High Court
Case Details
Neutral Citation No. - 2024:AHC:121849 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7359 of 2024 Applicant :- Saif And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Monis,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Learned A.G.A. for the State submits that notice with regard to present bail application has been served on the informant and further submits that instructions have been received and has no objection in case the bail application is heard on merits.
Legal Reasoning
1-A. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Saif and Aadil @ Mohd. Shams Alam in Case Crime No. 169 of 2024 under Sections 323, 504, 506, 354 I.P.C. and Section 7/8 of POCSO Act, Police Station - Sarai Inayat, District - Prayagraj. 3. It is submitted by learned counsel for the applicant that as per allegations in the first information report, it is alleged that applicants were misbehaving with the victim and thereafter have assaulted. Learned counsel for the applicants submits that there is no injury in respect of the alleged allegations. It is further submitted that allegations with regard to misbehaviour cannot be construed as an offence under Sections 7/8 of POCSO Act. Learned counsel for the applicants submits that even otherwise the allegations with regard to misbehaviour are wholly vague in nature. In this respect, learned counsel for the applicant has drawn attention of the Court to the statement of the victim recorded under Section 161 Cr.P.C., which is at page 41 of the paper-book. Learned counsel for the applicant submits that a simple dispute between the parties on account of some past transaction has resulted in lodging of the present FIR. Applicants are students and have no previous criminal history. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that no prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time. 4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix. 5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.
Decision
8. In view of the above, the applicants are granted anticipatory bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs.25,000/- 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 for interrogation by a police office as and when required. (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 themselves from disclosing such facts to the Court or to any police office. (iii) The applicants shall not leave India without the previous permission of the Court concerned. (iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required. (vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicants shall maintain law and order. (viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned. (ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law. 9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants. 10. With the directions made above, the anticipatory bail application stands allowed. Order Date :- 30.7.2024 S.Prakash