Himmat Singh v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12536 of 2023 Applicant :- Himmat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi 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-Himmat Singh in connection with Case Crime No. 180 of 2021 under sections 420, 467, 468, 471, 120-B IPC, P.S. Phase-3 Noida, District-Gautam Buddha Nagar.

¶3A forged and fabricated power of attorney was procured by the co-accused Anil Chauhan in criminal conspiracy with co-accused Chandra Rana and the present applicant Himmat Singh by presenting an imposter in place of the informant and also by obtaining forged signature and forged thumb impression of the informant upon the aforesaid power of attorney. On the basis of power of attorney certain sale deeds were executed by the main accused Anil Chauhan, which caused huge monitory and property loss to the informant. FIR was lodged on 25.2.2021 and investigation started. Now the charge sheet has been submitted.

¶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 accused applicant has absolutely no role in the commission of the crime alleged in the FIR. It is further submitted that the applicant is only an eyewitness of the power of attorney and the said power of attorney has not been executed by him. The applicant is not a vendor or vendee or even a witness in the sale deed subsequently executed by the main accused Anil Chauhan on the basis of forged power of attorney. It is further submitted that no wrongful gain has been made by the applicant in his favour. The applicant has no criminal history and he has been cooperative with the investigation of the case. After submission of the charge sheet no process under Section 82/83 Cr.P.C. has been issued against the applicant. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail. It is submitted that all the accused persons of this case have formed a gang, who were indulged in criminal activities. It is further submitted that the present applicant has played active role in the commission of the crime. It is further submitted that the applicant is not entitled for anticipatory bail.

¶6In the present matter during course of investigation anticipatory bail was granted to the present applicant along with other co-accused persons in Cr. Misc. Anticipatory Bail Application No. 13684 of 2021 by this Court vide order dated 16.8.2021 and the said liberty has not been misused by the present applicant. After submission of the charge sheet no custodial interrogation is required and the applicant is said only to be a witness to the power of attorney, which is alleged to be a forged document.

¶7Although 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 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.

¶8It 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.

¶9It 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.

¶10Hence, 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.

¶11The anticipatory bail application is allowed accordingly.

¶12In 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 he has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

¶13In 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 :- 23.11.2023 Fhd High Court of Judicature at Allahabad High Court of Judicature at Allahabad