High Court
Case Details
Neutral Citation No. - 2023:AHC:155045 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8620 of 2023 Applicant :- Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.
Legal Reasoning
Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application for anticipatory bail has been filed by the applicant - Pal Singh in connection with Case Crime No.206 of 2021, under Sections 147, 148, 149, 307, 323, 504, 506, 325 IPC, Police Station Saiyan, District Agra seeking anticipatory bail during the pendency of trial. 3. The prosecutrix was physically molested and attempt of rape was made by named accused Banti and Narayan Singh and she was also assaulted with lathi, danda and pharsa by some other co- accused persons including the present accused applicant. The informant and her family members sustained grievous injuries in the incident. F.I.R. was lodged on 27.12.2021 and investigation started and now the charge-sheet has been submitted in the matter. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. It is further submitted that no specific role has been assigned to the applicant in the alleged incident. No sexual offence against the informant, who is a lady, has been committed by the applicant and even in her statement under section 164 Cr.P.C., the prosecutrix assigned no role at all to the present applicant in the alleged incident and specific name of co-accused Banti and Narayan Singh has been taken by her. It is further submitted that during the course of investigation, anticipatory bail was granted to the applicant till the submission of police report u/s 173 (2) Cr.P.C. in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. - 3059 of 2022 by the coordinate Bench of this Court vide order dated 25.5.2022 and the said liberty was never misused by the applicant. It is further submitted that the applicant has no criminal history to his credit. It is further submitted that the co-accused Manoj Kumar, having identical role, has been granted anticipatory bail by coordinate Bench of this Court vide order dated 21.7.2023 passed in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. - 7665 of 2023. It is further submitted that during the course of investigation, the applicant has been cooperative with the investigation and now after filing of the charge-sheet, he has not been declared proclaimed offender. It is further submitted that no custodial interrogation is required in this matter of the applicant and he is entitled for bail. 5. Learned A.G.A. opposed the anticipatory bail, but however could not dispute the factual aspect, which has been disclosed by the learned counsel for the applicant. 6. It reveals from the perusal of the record that charge-sheet has been submitted in the matter and till date no process under section 82 or 83 Cr.P.C. has been issued against the applicant and he has been cooperative during the course of investigation. No custodial interrogation is required in the matter. 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 applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his 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 before the court concerned on the date fixed in the matter; (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 him / her from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned. 11. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 2.8.2023 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad