Mohd. Belal v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11785 of 2023 Applicant :- Mohd. Belal Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar 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. Belal in connection with Case Crime No. 29 of 2019, under sections 419, 420, 467, 468, 471 IPC and Section 8 of Notary Act and Section 12 of Passport Act, P.S. Gambhirpur, District Azamgarh.

¶3It is alleged in the F.I.R. that while applying for the passport, the applicant made an alteration in his name, date of birth and also in the name of his father and the passport was obtained on the basis of the aforesaid forgery. F.I.R. was lodged on 18.02.2019 and now charge sheet has been submitted in this matter.

¶4It 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 applicant has committed no offence and the name of the applicant, date of birth and parentage, which was mentioned in the family registry, was also mentioned in the application for passport and there was no fraudulent intention of the applicant behind this. It is further submitted that after lodging of the F.I.R., Criminal Misc. Writ Petition No.6924 of 2019 was preferred by the present applicant wherein he was granted a protection till submission of police report U/s 173(2) Cr.P.C. and he did not misuse the liberty granted to him. It is further submitted that after submission of the charge sheet, no punitive process has been issued against the applicant and he is not declared as proclaimed offender. It is also submitted that the accused applicant has been cooperative with the I.O. of the case during the course of investigation and he is having no criminal antecedents to his credit and as such, he is entitled for anticipatory bail. 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.

¶5Per contra, learned A.G.A. has opposed the prayer for anticipatory bail. However, he could not dispute this factual matrix of the matter that the applicant has been cooperative with the I.O. of the case during the course of investigation and he is having no criminal antecedents to his credit.

¶6Although 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.

¶7Hence, 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.

¶8The anticipatory bail application is allowed.

¶9In 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 they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶10In 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 :- 3.11.2023 Shivangi High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad