Naeem Akhatar v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10961 of 2023 Applicant :- Naeem Akhatar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.,Hemant Sharma Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.

¶2Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Naeem Akhatar in Criminal Case No.19932 of 2021 arising out of Case Crime No.95 of 2019, under Sections 420, 120-B I.P.C., Police Station Narsaina, District Bulandshahar, with a prayer to enlarge him on anticipatory bail.

¶3Exceeding his share in the ancestral property, co-accused Rakesh Kumar sold the share of the informant, his real brother, in favour of the present applicant. F.I.R. was lodged on 16.6.2023 and investigation started. Subsequently, charge-sheet was submitted in this matter.

¶4It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. After investigation, charge-sheet was submitted in the matter. It is further submitted that the applicant is the bonafide purchaser and after the payment of requisite consideration amount, he has purchased the property from the co-accused Rakesh Kumar. It is also submitted that being a stranger to the property, the applicant had absolutely no knowledge as to the property as a whole belongs to the co-accused Rakesh Kumar, the vendor. Applicant has invested a lot of money to purchase the property in question. It is also submitted that the dispute is purely of civil nature. It is also submitted that earlier an Application u/s 482 Cr.P.C. No.6262 of 2021 was moved by the applicant along with other co-accused persons wherein a protection was granted in his favour by this Court vide order dated 1.7.2021, but however subsequently following the dictum laid down by the Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd and another Vs. Central Bureau of Investigation, (2018) 16 SCC 299, on

13.10.2021, the trial court proceeded with the matter vide order dated 16.1.2023. It is also submitted that the applicant has not been declared as proclaimed offender and no process under section 82 or 83 Cr.P.C. has been issued against him. He has been cooperative with the investigation throughout and as such he is entitled for anticipatory bail.

¶5Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for anticipatory bail and it has been vehemently argued that this fact was very well known to the applicant that the property which he is going to purchase, does not belong to the vendor Rakesh Kumar, the co-accused. The share of the informant in the ancestral property has been grabbed by the applicant in collusion with other co-accused persons. It is conceded that no civil suit for cancellation of sale deed is pending.

¶6The dispute appears to be of civil nature. After submission of charge-sheet, no custodial interrogation is required in the matter. The I.O. did not require the arrest of the applicant during investigation.

¶7Although 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, 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 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 end of the 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 till end of the trial 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 make himself available before the court concerned on the date fixed in the matter;

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

(iii) The applicant shall not leave India without the previous 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 default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 3.11.2023 ss High Court of Judicature at Allahabad High Court of Judicature at Allahabad