Chhotu v. State of U.P., hence, this anticipatory bail application is being heard. Grant of
Case Details
Court No. - 50 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9651 of 2022
Legal Reasoning
Applicant :- Tariq Kamal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bijai Prakash Tiwari, Richa Tiwari Counsel for Opposite Party :- G.A., Mohammad Firoz Khan Hon'ble Ajit Singh,J. List revised. No one appears on behalf of the complainant.
Legal Reasoning
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release them on anticipatory bail in Complaint Case No.499 of 2020, under Sections 323/504/506/406 I.P.C., Police Station Jhunsi, District Allahabad, during pendency of investigation/trial. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required. The applicants have been summoned in a complaint case. In the said complaint it has been alleged that the complainant and applicants are close relatives. It has further been mentioned in the complaint that complainant was called upon by applicants and advice to invest in the HSS Crash Firm run by complainant's brother on the assurance to get huge benefit from the business. It has further been stated that on this advice the complainant and his other relatives have invested money in the business. It has been further stated that after six months the complainant went to the house of applicant no.1 Tariq Kamal to know about the benefit earned on the investment made by him and his relatives. He was given only a false assurance and when after three years no benefit was given to the complainant on his investment then he asked the applicant no.1 to return his money. Thereafter, in the complaint it has been mentioned that on 18.02.2020 the complainant along with Suhail Ahmad went to the house of applicant no.1 at Havelia, Jhunsi there he saw socome unknown persons were standing with Tariq, Ahasan Kamal, Kamal Hashim Ansari and Shahnaz both complainant and Suhail were abused and beaten by them with kick and fists. Learned counsel for the applicants submit that applicants are innocent and have been falsely implicated in the present case. He submitted that the allegations made in the complaint did not corroborate with any cogent evidence and injury report etc. He submitted that the applicants have been nominated in this matter just to injure the reputation of the applicants by having them so arrested. He submitted that no proceedings under Sections 82 and 83 Cr.P.C. have been initiated against applicants. He submitted that applicants undertake to cooperate during investigation and they will not tamper with the evidence in any way. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. After considering the rival submissions, this Court finds that there is a case registered against the applicants. It cannot be definitely said when the police may apprehend them. After lodging of F.I.R, the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an F.I.R has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the case, the arrest of an accused should be made. The learned counsel has also place reliance on the order dated 28.7.2021 passed by the The Hon'ble Apex Court in Special Leave to Appeal (Criminal) No. 5191 of 2021 Satendra Kumar Antil vs. Central Bureau of Investigation, in which the Hon'ble Apex Court has observed that prima facie, we cannot appreciate why in such a scenario is there a requirement for the petitioner being sent to custody. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, considering that accusation might have been lodged with the object of injuring the reputation of the applicants by having them so arrested, considering the judgment passed by Hon'ble Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and in the case of Satendra Kumar Antil vs. Central Bureau of Investigation passed in Special Leave to Appeal (Criminal) No. 5191 of 2021. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants Tariq Kamal and Ahsan Kamal involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court/ Investigating Officer concerned with the following conditions:- 1.The applicants shall, at the time of execution of the bond, furnish their address and mobile number and shall not change the residence till the conclusion of investigation/ trial without informing the Investigating Officer of the police/ the Court concerned of change of address and the reasons for the same before changing the same. 2. The applicants shall not leave the country during the pendency of trial/ investigation by police without prior permission from the concerned trial Court. 3. The applicants shall not obstruct or hamper the police investigation and not play mischeif with the evidence collected or yet to be collected by the Investigating Officer of the police; 4. The applicants shall surrender their passport, if any, to the concerned Court/ Investigating Officer forthwith. Their passport will remain in custody of the concerned Court/Investigating Officer till the investigation is completed. In case they have no passport, they will file their affidavits before the Court/ Investigating Officer concerned in this regard. 5. That 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 him from disclosing such facts to the Court or to any police officer; 6. The applicants shall maintain law and order. 7. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants. 8. In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application. Order Date :- 14.10.2022 R./ Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.10.19 10:54:22 IST Reason: Location: High Court of Judicature at Allahabad