Bail in anticipation of arrest granted to a septuagenarian accused, emphasizing the necessity of custodial interrogation and the nature of the charges.

ORDER :

1. Leave granted.

2. The High Court by the impugned judgment and order dated 10th May, 2024 has rejected the appellant’s prayer for bail in anticipation of arrest.

3. The appellant figures as an accused in FIR No. 625 of 2022 dated 20th October, 2022, registered at Police Station Kotwarli Chhibramau, District Kannauj, Uttar Pradesh for the offences punishable under Sections 420, 467, 468, 471, 506 and 120-B of the Indian Penal Code, 1860.

4. This Court on 30th September, 2024 was informed that the trial arising out of the aforesaid FIR is not progressing because of an interim stay of proceedings granted by the High Court of Allahabad while hearing a petition under Section 482 of the Code of Criminal Procedure, 1973¹ [Cr. P.C.] filed by the appellant.

5. It was noticed in the order recorded on 30th September, 2024 that the High Court while granting stay perceived the dispute between the private parties to be entirely civil in nature, which was given the flavour of a criminal offence. This Court, accordingly, wished that the said petition under Section 482 of the Cr. PC may be decided at an early date. With that in view, a request was made to the High Court by the aforesaid order to expedite its decision within three months.

6. We have heard Mr. Ronika Tater, learned counsel appearing for the appellant, Mr. Vikas Bansal, learned counsel appearing for the respondent no. 1-State of Uttar Pradesh and Dr. Anindita Pujari, learned senior counsel appearing for the respondent no. 2-complainant.

7. We are informed that despite the petition under Section 482 of the Cr. PC having been listed multiple times, the business of the Court did not permit consideration thereof.

8. Be that as it may, having regard to the fact that the charge-sheet under Section 173(2), Cr. PC has been filed, and that that the appellant is a septuagenarian, we find custodial interrogation of the appellant unnecessary.

9. Accordingly, the impugned judgment and order is set aside.

10. It is directed that in the event of the appellant being arrested, he shall be released on bail by the trial court on terms and conditions to be fixed by the trial court.

11. Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to any police officer or to the court.

12. Should the investigating officer wish to conduct further investigation, he shall be at liberty to put the appellant on notice and if such notice is received, the appellant shall join the investigation.

13. We clarify that the observations made in this order and grant of bail to the appellant in anticipation of arrest will not be treated as findings on the merits of the case.

14. The appeal is, accordingly, allowed on the aforesaid terms.

15. Pending applications, if any, shall stand disposed of.