Mohd. Javed v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11718 of 2023 Applicant :- Mohd. Javed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bajrang Lal,Krishna Kanhaiya Soni Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶2This application for anticipatory bail has been filed by applicant-Mohd. Javed in connection with Case Crime No. 401 of 2022, under sections 498-A, 323, 324, 504, 506, 308 IPC and Section 3/4 D.P. Act, P.S. Afzalgarh, District Bijnor.

¶3It 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. Charge sheet in the matter has been submitted. It is further submitted that the accused applicant is a dewar of the victim. It is next submitted that it is a matrimonial dispute and general allegations have been levelled against the present applicant. It is further submitted that no specific role has been assigned to the present applicant. It is further submitted that during the course of investigation, the applicant has been cooperative with the investigation of the case and he is having no criminal history to his credit. It is next submitted that co-accused, persons, Mohd Atique @ Atique Ahmad and Haseena Khatoon @ Haseena have already been granted anticipatory bail by the coordinate Bench of this Court vide order dated 09.08.2023 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.8648 of 2023, therefore, the accused applicant is also entitled for anticipatory bail as the case of the accused applicant is similar to that of co-accused persons. It is also submitted that after submission of the charge sheet, he is entitled for anticipatory bail. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. has opposed the prayer for anticipatory bail.

¶5Although the charge sheet has been submitted in this matter, but 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, 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.

¶6Hence, 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 conclusion of trial in the matter.

¶7The anticipatory bail application is allowed.

¶8In the event of arrest of the applicant in the aforesaid case crime, 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 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 or tamper with the evidence.

(ii) The applicant shall not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(iv) The applicant shall not leave India without prior permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶9In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law. Order Date :- 27.10.2023 Shivangi High Court of Judicature at Allahabad