Bhupendra Singh 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. - 9238 of 2023 Applicant :- Bhupendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Singh,Amitesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

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

¶2This application for anticipatory bail has been filed by applicants-1. Bhupendra Singh, 2. Gurdeep Singh in connection with Case Crime No. 61 of 2021, under Sections 324, 325, 308 IPC, Police Station Milak Khanam, District-Rampur.

¶3It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants 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 applicants and the applicants have not been declared absconder. It is further submitted that co-accused Gurpreet Singh has already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 10844 of 2023 by order dated 16.10.2023. In case applicants are granted anticipatory bail, they 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.

¶5From 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.

¶6In 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.

¶7It 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.

¶8It 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.

¶9Hence, 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 conclusion of trial in the matter.

¶10The anticipatory bail application is allowed accordingly.

¶11In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail 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 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 applicants shall not pressurize/ intimidate the prosecution witness. iii.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. iv.The applicants shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

¶12In 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 applicants in accordance with law. Order Date :- 6.11.2023 Fhd High Court of Judicature at Allahabad