Jishan v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11716 of 2023 Applicant :- Jishan Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra,Abhilash Singh 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-Jishan in connection with Case Crime No. 408 of 2020, under sections 147, 148, 149, 323, 336, 427, 504, 506, 307 IPC and 7 Criminal Law Amendment Act, P.S. Kotwali Nagar, District Muzaffarnagar.

¶3It is alleged in the F.I.R. that on 12.6.2020 at about 10:30 a.m., a free fight took place between the two rival parties, who were carrying lathi, danda, sword and desi pistols in their hands. When the police tried to pacify them, the police party was also attacked by both the sides. F.I.R. was lodged and investigation started.

¶4It is submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of his 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 no police personnel or any other person from the either side has received any injury in the alleged incident. It is next submitted that co-accused, persons, Margoob @ Margoob Rana, Matloob and Kadir @ Abdul Kadir have already been granted anticipatory bail by the coordinate Bench of this Court vide order dated 17.05.2023 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.4292 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 further submitted that the investigation of the case has been completed and charge-sheet has been filed. It has been submitted that in case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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

¶6Charge-sheet has been submitted in the matter. No custodial interrogation appears to be required in this matter. Criminal history of the applicant has been sufficiently explained.

¶7Although 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.

¶8Hence, 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.

¶9The anticipatory bail application is allowed.

¶10In 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.

¶11In 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 High Court of Judicature at Allahabad