Shahbaj v. State U.P. and

1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record.

2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case No.161 of 2025 (State vs. Shabaj) arising out of Case Crime No. 97 of 2024, under section 363 I.P.C., P.S. Nagal, District Saharanpur.

3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim in her statement under sections 161 Cr.P.C. and 164 Cr.P.C. has stated that she had voluntarily gone with applicant to Jaipur. There is no allegation of kidnapping against the applicant. Further, during the course of investigation, the applicant was granted protection till submission of police report by this court vide order dated 5.6.2024 passed in Criminal Misc. Writ Petition No. 9702 of 2024 (Shahbaj vs. State U.P. and 3 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. Counsel for applicant further contends that the maximum sentence provided for the alleged offence is upto seven years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, the applicant is entitled for anticipatory 2 NABAIL No. 7225 of 2025 bail. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

5. The Supreme Court in the case of Satender Kumar Antil (supra) has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. One of the category being Category-A are offences punishable with imprisonment of seven years or less. The Supreme Court in paragraph-3 of the aforesaid judgment has laid down the guidelines that after the filing of the charge sheet/cognizance ordinary the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India.

6. It is further to be noted that as per Section 41-A I.P.C. also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto seven years.

7. It is not the case of the opposite party that applicant was arrested for the alleged offences during investigation and it is also not the case of the opposite party that the applicant had not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicant and the applicant has been charge-sheeted and summoned in respect of offences in which punishment provided is upto seven years, then in view of the judgment of the Supreme Court in Satender Kumar Antil (supra), the liberty of the individual is required to be protected.

8. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would dis-entitle the applicant for relief of anticipatory bail. No material, facts, circumstances or concern been shown 3 NABAIL No. 7225 of 2025 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.

9. 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 applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offence or intimidating witnesses and the like have been shown by learned AGA for the State.

10. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the victim in her statement under sections 161 Cr.P.C. and 164 Cr.P.C. has stated that she had voluntarily gone with applicant to Jaipur, there is no allegation of kidnapping against the applicant, during the course of investigation, the applicant was granted protection till submission of police report by this court , the fact that the offence against the applicant is punishable up to seven years and adhering to the guidelines provided in the judgment of the Supreme Court in Satender Kumar Antil (supra), charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

11. In the event of arrest, the applicant Shahbaj be released on anticipatory bail during pendency of trial, on 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the 4 NABAIL No. 7225 of 2025 Court and if he has passport the same shall be deposited by him before the concerned court.

12. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

13. The application stands disposed of. September 4, 2025 S.S. (Vivek Varma,J.)

1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record.

2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case No.161 of 2025 (State vs. Shabaj) arising out of Case Crime No. 97 of 2024, under section 363 I.P.C., P.S. Nagal, District Saharanpur.

3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim in her statement under sections 161 Cr.P.C. and 164 Cr.P.C. has stated that she had voluntarily gone with applicant to Jaipur. There is no allegation of kidnapping against the applicant. Further, during the course of investigation, the applicant was granted protection till submission of police report by this court vide order dated 5.6.2024 passed in Criminal Misc. Writ Petition No. 9702 of 2024 (Shahbaj vs. State U.P. and 3 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. Counsel for applicant further contends that the maximum sentence provided for the alleged offence is upto seven years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, the applicant is entitled for anticipatory 2 NABAIL No. 7225 of 2025 bail. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

5. The Supreme Court in the case of Satender Kumar Antil (supra) has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. One of the category being Category-A are offences punishable with imprisonment of seven years or less. The Supreme Court in paragraph-3 of the aforesaid judgment has laid down the guidelines that after the filing of the charge sheet/cognizance ordinary the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India.

6. It is further to be noted that as per Section 41-A I.P.C. also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto seven years.

7. It is not the case of the opposite party that applicant was arrested for the alleged offences during investigation and it is also not the case of the opposite party that the applicant had not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicant and the applicant has been charge-sheeted and summoned in respect of offences in which punishment provided is upto seven years, then in view of the judgment of the Supreme Court in Satender Kumar Antil (supra), the liberty of the individual is required to be protected.

8. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would dis-entitle the applicant for relief of anticipatory bail. No material, facts, circumstances or concern been shown 3 NABAIL No. 7225 of 2025 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.

9. 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 applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offence or intimidating witnesses and the like have been shown by learned AGA for the State.

10. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the victim in her statement under sections 161 Cr.P.C. and 164 Cr.P.C. has stated that she had voluntarily gone with applicant to Jaipur, there is no allegation of kidnapping against the applicant, during the course of investigation, the applicant was granted protection till submission of police report by this court , the fact that the offence against the applicant is punishable up to seven years and adhering to the guidelines provided in the judgment of the Supreme Court in Satender Kumar Antil (supra), charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

11. In the event of arrest, the applicant Shahbaj be released on anticipatory bail during pendency of trial, on 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the 4 NABAIL No. 7225 of 2025 Court and if he has passport the same shall be deposited by him before the concerned court.

12. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

13. The application stands disposed of. September 4, 2025 S.S. (Vivek Varma,J.)