High Court
Case Details
Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7860 of 2022
Legal Reasoning
Applicant :- Kamre Alam And 8 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No.149 of 2011, under Sections 406 IPC, Police Station-Amroha Nagar, District -J.P. Nagar (Amroha). Learned counsel for applicants has submitted that the applicants have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that before filing of charge sheet the complainant moved an application before S.P., J.P. Nagar with a prayer to quash the proceedings against the applicant, as the compromise has been arrived at between the parties between the first informant/complainant and the applicant but the Investigating Officer without considering this fact filed the charge sheet against the applicant in a routine manner. Being arrived with the charge sheet, the applicant earlier approached before this Court by filing of an Application under Section 482 Cr.P.C. in which the protection was granted to the applicants on 9.8.2011. Later on during the pendency of Application under Section 482 Cr.P.C., the complainant died. During the pendency of application Application under Section 482 Cr.P.C., stay granted to the applicant has also been vacated and now coercive process has been issued against the applicant, therefore, the applicants has apprehension of arrest. Further submission is that the applicants fully cooperatee with the investigation, therefore no need of custodial interrogation of the applicants, hence, the applicants may be enlarged on anticipatory bail till conclusion of trial and they are ready to cooperate with the trial. If the applicants are granted anticipatory bail, they will never misuse the same. In support of his submission, learned counsel for the applicants has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154. Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicants. I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record. The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under: "10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. 11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this." In Aman Preet Singh (supra), the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, I am of the opinion that it is a fit case for grant of bail to the applicants. Accordingly, the anticipatory bail application is hereby allowed. Let the applicants Kamre Alam, Nasir, Munazir Husain, Zakir Husain, Abdul Rashid, Rukne Alam, Maskur Alam, Shabab Alam and Sajarul Hasan be released on bail by the trial Court till conclusion of trial on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions: (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law; (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. The applicants shall cooperate in the investigation; (iii) In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code; and (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law. (v) The applicants shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 23.9.2022 Anuj Singh Digitally signed by ANUJ PRATAP SINGH Date: 2022.09.23 13:49:52 IST Reason: Location: High Court of Judicature at Allahabad