Sahabuddin v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13830 of 2023 Applicant :- Sahabuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.,Ashish Pandey Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicant Sahabuddin seeking anticipatory bail in Case Crime No. 319 of 2022, under Sections 323, 504, 506, 452, 308 IPC, Police Station Puranderpur, District Maharajganj.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It 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 injuries sustained by the injured persons are simple in nature. There is a cross case of the present matter. F.I.R. was also lodged by the accused side wherein charge sheet for the offence under Sections 323, 504, 506 and 308 IPC has also been submitted against the informant side. In the C.T. Scan report of the applicant fracture in inner vactt of left pintole bone was also seen. The investigation of the case has been completed and charge sheet has been filed. The applicant had been cooperative during investigation. Criminal history of the applicant has been explained sufficiently. 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.

¶4Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the injuries sustained by the injured Irshad has been found very serious and grievous in nature. In his x-ray report hemorrhage and fracture in right parietal bone was also found. The other injured has also sustained several injuries over her body. It is also submitted that during investigation ample and sufficient evidence has been collected against the applicant in commission of the alleged crime. The applicant has participated in the alleged crime actively.

¶5In this matter, it appears from the perusal of the record that in regard to construction of a road in the village, the present applicant alongwith other co-accused persons entering into his house made assault upon Irshad son of the informant and Ajrunnisha, wife of he informant, with the aid of lathi, danda and stone pelting and they received serious injuries. F.I.R. was lodged on 29.11.2022 and after investigation now charge sheet has been submitted. It also reveals from the perusal of the record that the doctor has opined the injuries sustained by the injured Irshad as serious and grievous. Ample and sufficient evidence has been collected against the applicant during investigation. He has actively participated in commission of the alleged crime.

¶6In 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.

¶7Hence, 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.

¶8The anticipatory bail application is rejected.

¶9In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicant be given.

¶10Hence, it is observed that in case applicant surrenders before the court below and applies for bail, the same shall be considered and decided by the Court concerned 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 :- 14.12.2023 safi High Court of Judicature at Allahabad