Jitendra and 4 Others v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12481 of 2023 Applicant :- Jitendra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Veer Singh,Rajiv Kumar Singh,Satya Veer Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1At the very outset, learned counsel for the applicants submits that he is not pressing the anticipatory bail application in respect of applicant no.1 Jitendra. He confines his prayer only to the extent of granting anticipatory bail to the applicants no.2, 3, 4 & 5 namely, Nanku @ Amit Kumar, Brijesh, Deepak and Lavlesh till the conclusion of trial in Case Crime No.293 of 2023, under Sections 364, 307, 323, 427, 452, 147 IPC, Police Station Saini, District Kaushambi.

¶2Certified copy of the anticipatory bail rejection order in respect of applicant no.1 Jitendra be returned to learned counsel for the applicants as per rules.

¶3Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

¶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 filed and cognizance has been taken into the matter. It is further submitted that the co-accused Rinku Patel @ Arvind, Ravendra Patel and Sonelal, having identical role, have been granted anticipatory bail by this Court vide order dated 9.11.2023 passed in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. - 12428 of 2023. 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 applicants. 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.

¶6Although 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.

¶7Hence, 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.

¶8The anticipatory bail application is allowed.

¶9In the event of arrest of the applicants no.2, 3, 4 & 5 namely, Nanku @ Amit Kumar, Brijesh, Deepak and Lavlesh 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.

¶10In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 22.11.2023 ss High Court of Judicature at Allahabad