Point of Law: If a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during period of investigation, in such a case, it is appropriate that he may be released on bail as circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

JUDGMENT :

1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

2. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest during trial in connection with Session Trial No.488 of 2006 arising out of Case Crime No.5 of 2006, under Sections 307 and 506 IPC, Police Station Mandi Dhanaura, District Amroha.

3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is aged about 68 years and suffering from several disease. Initially the impugned FIR has been lodged against the applicant and three other co-accused persons but after investigation, the charge sheet has been submitted against co-accused persons, namely, Mukesh, Jaivir and Karan Singh. Further submission is that during trial, the PW-1 Samarpal has been examined before the trial court and on the basis of his statement, the applicant has been summoned under Section 319 Cr.P.C. Being aggrieved, the applicant approached this Court by filing Application U/s 482 Cr.P.C. No.21012 of 2007 and this Court vide order dated 10.09.2007 stayed the further proceeding of the aforesaid case and the same is still pending. Further submission is that presently trial is going on and there is no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial. In support of his submission, learned counsel for the applicant has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154.

4. Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicant but could not dispute the aforesaid fact.

5. I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record.

6. The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under:

"10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."

7. In Aman Preet Singh (supra), the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

8. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, particularly seeing the fact that the applicant is aged about 68 years and suffering from several disease, I am of the opinion that it is a fit case for grant of bail to the applicant.

9. Accordingly, the anticipatory bail application is hereby allowed.

10. Let the applicant-Dori Singh be enlarged on anticipatory bail in above case crime number till the conclusion of trial on furnishing a personal bond and, two sureties e