Dildar v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12279 of 2023 Applicant :- Dildar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

2.Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶3This application has been moved on behalf of the applicant Dildar seeking anticipatory bail in Case Crime No.87 of 2023, under Sections 147, 148, 149, 307, 504 IPC, P.S. Meerapur, District Muzaffarnagar.

¶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 F.I.R. against the applicant has been lodged on the basis of suspicion and prosecution case has not been supported by any of the witness including the injured Rizwan in the statement under Section 161 CrPC. It is also submitted that there is no eye witness of the occurrence and the police has lodged false F.I.R. against the present applicant and others. It is further submitted that during the course of investigation, the applicant has been cooperative with the investigation of the case and he is having no criminal history to his credit. It is also submitted that charge sheet has been submitted in this matter. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail.

¶6It has been alleged in the F.I.R. that during free fight between the two parties, one gunshot injury was inflicted upon injured Rizwan but no F.I.R. was lodged by either of the parties and even by injured Rizwan. Subsequently, F.I.R. was lodged by S.I. Sanjay Kumar, P.S. Meerapur and investigation started, now, charge sheet has been submitted in this matter. Interim protection was granted during the course of investigation to the present application by this Court vide order dated 30.07.2023 in Criminal Misc. Anticipatory Bail Application No.6226 of 2023 and the said liberty was not misused by the present applicant after submission of charge sheet, now no custodial interrogation is required from the present applicant.

¶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 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, 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.

¶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 conclusion of 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 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 they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶11In 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 Shivangi High Court of Judicature at Allahabad