IMPORTANT POINT
The court established that in cases involving offenses punishable with up to seven years of imprisonment, an accused who has cooperated with the investigation is not required to be in physical custody to apply for bail under Section 439 Cr.P.C.

JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Heard Ms. Gunjan Yadav, learned counsel for the applicants and Mr. Thakur Azad Singh and Mr. Ved Mani Tiwari, learned Additional Government Advocates for the State.

2. The instant 2nd Anticipatory Bail Application has been moved by the applicants with the prayer that applicants herein be released on anticipatory bail during pendency of trial in respect of the impugned Case No. 0015 of 2020 (State of Uttar Pradesh Vs. Veer Singh and others) arising out of Case Crime No. 0618 of 2016, under Sections 147, 148, 149, 323, 504, 506, 324, 325, 308 IPC, P.S. Kotwali Kalpi, District Jalaun, pending before the learned CJM, Jalaun at Orai.

3. The 1st Anticipatory Bail application moved by the applicants was heard and disposed of vide order dated 20.12.2023 with the following directions:

“1. This application has been moved on behalf of the applicant seeking anticipatory bail in Case Crime No. 0618 of 2016, under Sections 147, 148, 149, 323, 504, 506, 324, 325, 308 IPC, P.S. Kotwali Kalpi, District Jalaun during the pendency of trial.

2. Heard Ms Gunjan Yadav, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken by the Court concerned.

4. It is further submitted that during investigation, the applicants have been fully cooperative. It is further submitted that the alleged offences are punishable with the imprisonment of maximum period of seven years. Applicants have no criminal history. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

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

6. In this matter, as is evident from the record, offences levelled against the applicants are punishable with the imprisonment upto seven years. After completion of investigation, charge sheet has been submitted and cognizance has also been taken by the Court concerned.

7. 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, 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.

8. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicants till the end of trial. The prayer made in the application is refused.

9. However, it is directed that police and learned trial Court shall strictly adher