Altamas @ Almas and Another v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12007 of 2023 Applicant :- Altamas @ Almas And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

¶2This application for anticipatory bail has been filed by applicants - Altamas @ Almas and Salman Jamshed in connection with Case Crime No.0197 of 2021, under Sections 323, 332, 504, 506, 427 IPC, Police Station Dakshin Tola, District Mau.

¶3When the officials of Electricity Department went to the shop of the accused persons for meter reading, they were assaulted and hindrance was caused in discharge of their official duty. F.I.R. was lodged on 8.12.2021 and now charge-sheet has been submitted.

¶4It is submitted by the learned counsel for the applicants that the applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. They have been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been submitted into the matter. It is further submitted that there is no injury report at all of the informant or any injury person in the alleged offence. It is a case of no injury. It is further submitted that the applicants have been cooperative during the course of investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant as the offences alleged against the applicant are punishable with the imprisonment upto a maximum period of seven years. It is further submitted that the applicants have no criminal history to their credit. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

¶5On the other hand, learned A.G.A. opposed the prayer for anticipatory bail.

¶6No criminal history has been brought to the notice of the Court. Applicant has been cooperative throughout the investigation. No custodial interrogation is required in this matter as the offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years.

¶7Although charge-sheet has been submitted in the present 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 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.

¶8Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants 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 applicants till end of the trial in the matter.

¶9The anticipatory bail application is allowed.

¶10In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial on their 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 applicants shall make themselves available before the court concerned on the date fixed in the matter;

(ii) 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 / her from disclosing such facts to the Court or to any police officer;

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.

¶11In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 2.11.2023 ss High Court of Judicature at Allahabad