Laik Ahamad v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12612 of 2023 Applicant :- Laik Ahamad Opposite Party :- State of U.P. Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

¶2This application has been moved on behalf of the applicant Laik Ahamad seeking anticipatory bail in Case Crime No. 119 of 2018, under Sections 323, 504, 308 IPC, Police Station Kokhraj, District Kaushambi.

¶3Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶4It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that the present applicant is handicapped and a certificate to this effect has been annexed with the affidavit. It is also submitted that it was not possible for the applicant to make assault upon the injured with the aid of lathi danda. F.I.R. of this case was lodged belatedly. It is further submitted that the injured of this case has sustained simple injuries but however, in the C.T. Scan report fracture has been found. The investigation of the case has been completed and charge sheet has been filed and the applicant had been cooperative during investigation. The applicant has no criminal history to his credit. It has been submitted that 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. opposed the prayer for anticipatory bail and submitted that the injured in his statement given to the I.O. has assigned specific role of assault to the present applicant. The medical examination of the injured reveals that he has sustained serious injuries in this matter. In the C.T. Scan report fracture has been found in the left temporal bone of the injured. It is also submitted that ample evidence has been collected against the applicant during investigation and he has actively participated in commission of the crime alleged in the F.I.R.

¶6In this matter, it reveals from the perusal of the record that with the aid of lathi danda the informant was assaulted by the named accused persons. N.C.R. was lodged on 12.7.2017 and investigation started and now charge sheet has been submitted against two accused persons including the present applicant. It also reveals from the perusal of the record that the injured of this case has received serious and grievous injury and in his C.T. Scan report fracture has been found in the left temporal bone. Ample and sufficient evidence has been collected against the applicant during investigation.

¶7In 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, all attending facts and circumstances of the case and the fact that allegations are serious in nature, without expressing any opinion on the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant. Prayer made in the application is refused.

¶9The application is rejected.

¶10In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicant be given.

¶11Hence, it is observed that in case applicant surrenders before the court below and applies for bail, the same shall be considered and decided in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC

¶825Order Date :- 24.11.2023 safi High Court of Judicature at Allahabad