Mohammad Fahim 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. - 12159 of 2023 Applicant :- Mohammad Fahim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicants - Mohammad Fahim and Shahroj seeking anticipatory bail in Criminal Case No. 2722 of 2023, Case Crime No. 0126 of 2021, under Sections 307, 332, 353, 323, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Mainather, District Moradabad.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3It is 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 the prosecution story is not plausible at all. It is not natural that in a crowd of hundreds of villagers the informant of the case identified the present applicants. It is also submitted that only simple injuries have been caused to both the injured of the case. Applicants have no criminal history to their credit. After completion of investigation, charge sheet has been submitted in the matter and the applicants have been cooperative with the Investigating Officer. No process under Sections 82 and 83 CrPC has been issued against the applicants and the applicants have not been declared absconder. In case applicants are granted anticipatory bail, they will not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. opposed the prayer for anticipatory bail but he fairly conceded that only simple injuries have been caused to bot the injured of the case.

¶5I have considered the rival submissions made by the learned counsel for the parties.

¶6In this matter, it appears that the police force was assaulted by six named and one unnamed accused persons when they had gone to release Gulerana, who was kept in confinement by accused Mohd. Fahim, Jasmin and Sahroj and during course of proceedings two persons sustained injuries in the incident. F.I.R. was lodged on

7.5.2021 and investigation started, which culminated into charge sheet. It also reveals that in this matter the Investigating Officer did not require arrest of the applicants during investigation and now after submission of charge sheet no custodial interrogation is required. Applicants have no criminal history to their credit.

¶7In 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.

¶8Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till the end of trial.

¶9The application is allowed accordingly.

¶10In the event of arrest of the applicants, 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 make themselves available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

(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 office.

(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, the same may be a ground for cancellation of protection granted to the applicants. Order Date :- 6.11.2023 safi High Court of Judicature at Allahabad High Court of Judicature at Allahabad