Gurpreet Singh v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10844 of 2023 Applicant :- Gurpreet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

¶2This application has been moved on behalf of the applicant - Gurpreet Singh seeking anticipatory bail in Case Crime No. 61 of 2021, under Sections 147, 148, 149, 188, 323, 324, 325, 504, 506, 269, 270, 308 IPC, Section 3 Epidemic Act and Section 7 Criminal Law Amendment Act, Police Station Milak Khanam, District Rampur.

¶3Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶4It is 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. It is further submitted that there is a cross case of this matter and since it was a free fight, the persons of the accused side have also sustained injuries and fracture. It is also submitted that charge sheet has also been submitted in the F.I.R. lodged from the accused side. It is further submitted that the injured persons from the informant side have sustained fracture but the injuries caused to them are not serious and grievous. After completion of investigation, charge sheet has been submitted in the matter. Criminal history of one solitary case of the applicant has been sufficiently explained. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail. It is also submitted that the alleged offences are punishable with the imprisonment for a maximum period of seven years and as a matter of fact during investigation notice under Section 41-A CrPC was given by the I.O. to the applicant and the said liberty has not been misused.

¶5Learned A.G.A. opposed the prayer for anticipatory bail.

¶6I have considered the rival submissions made by the learned counsel for the parties.

¶7From the perusal of the record it reveals that a free fight took place between two rival groups and both groups sustained injuries. The police intervened and F.I.R. was lodged on 3.5.2021 and after investigation charge sheet has been submitted in the matter. It also reveals from the perusal of the record that alleged offences are punishable with the imprisonment for a maximum period of seven years. After submission of charge sheet, no custodial interrogation appears to be required.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that 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.

¶9Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

¶10The application is allowed accordingly.

¶11In 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 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 and will cooperate in the trial.

(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.

¶12In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. Order Date :- 16.10.2023 safi High Court of Judicature at Allahabad High Court of Judicature at Allahabad