High Court
Case Details
Neutral Citation No. - 2023:AHC:169928 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9161 of 2023 Applicant :- Mohd. Rifakat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar 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 record. 2. This application has been moved on behalf of the applicant - Mohd. Rifakat seeking anticipatory bail in Case Crime No. 335 of 2023, under Sections 147, 148, 149, 452, 323, 325, 326, 504, 506 IPC, Police Station- Seohara, District- Bijnor. 3. On account of previous animosity the named accused applicants along with four unknown persons including the present applicant made an assault upon the Risalat Husain, the husband of the informant, and his sister Syeda Khatoon on 31.05.2023 at 7.00 AM. They sustained grevious injuries. FIR was lodged on 20.06.2023 and investigation started, which is still going on. 4. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Investigation is going on in the matter. It is further submitted that no specific role of assault has been assigned to the present applicant. So far as the injured Syeda Khatoon is concerned absolutely no specific role has been assigned to the present applicant for making an assault to her even in the statement of the injured witnesses. It is further submitted that it is alleged in the FIR that the teeth of the injured Risalat Husain were broken when he was assaulted by fisting by the present applicant but however, since no lethal weapon has been used in the occurrence, no offence under Section 326 I.P.C. is made out. It is further submitted that as a matter of fact, there is a cross case of this matter and a FIR as case crime number 291 of 2023 has been lodged from the accused side against the informant side and serious injuries have been caused to Mohd. Siddique, the brother of the present applicant. It is further submitted that the applicant has been cooperating throughout the investigation so far. The applicant has no criminal history to his credit. In case applicant is granted anticipatory bail, he 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. It is submitted that both the injured persons in this case have sustained grevious injuries and fracture has also found in the ulna bone of the injured Syeda Khatoon in the medical examination but however learned A.G.A. could not dispute the fact that no lethal weapon has been used in the commission of the crime as alleged in the FIR. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held 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, llikelihood 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. 7. In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676, the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused. 8. 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 filing of police report under Section 173(2) Cr.P.C. before the competent Court. 9. The application is allowed accordingly. 10. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required. (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 office. (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, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant. Order Date :- 23.8.2023 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad