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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
KARUNESH SINGH PAWAR, J.
Kayoom @ Mohd. Kayoom – Appellant
Versus
State Of U.P. Thru. Prin. Secy. At Home Lko – Respondents
Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.1999 of 2024
Decided on : 24-09-2024
(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Application for anticipatory bail filed in case crime No.047 of 2024 under Sections 147, 148, 323, 504, 506, 307 IPC - Allegations of assault with simple injuries and two FIRs registered on the same day - Interim protection granted to the applicant based on the nature of injuries and absence of criminal history - Conditions imposed for bail include cooperation with the investigation and restrictions on leaving the country. (Paras 1, 3, 5)
(B) Interim Protection - The court grants interim protection based on the nature of the allegations and the applicant's cooperation in the investigation, emphasizing that the merits of the case are not to be considered at this stage. (Paras 3, 5)
Facts of the case:
The applicant sought anticipatory bail for alleged involvement in a violent incident where the complainant sustained simple injuries, with two FIRs filed on the same day. The applicant has no prior criminal history and has cooperated with the investigation.
Findings of Court:
The court found it appropriate to grant interim protection to the applicant under Section 438 Cr.P.C., making the earlier order absolute.
Issues: The main issues addressed include the nature of the injuries and the implications of having two FIRs for the same incident.
Ratio Decidendi: The court ruled that the interim protection is justified given the circumstances and the applicant's cooperation, without delving into the merits of the case.
Result: Application allowed.
JUDGMENT :
Karunesh Singh Pawar, J.
1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.047 of 2024, under Sections 147, 148, 323, 504, 506, 307 IPC, Police Station Lilapur, District Pratapgarh.
2. Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant.
3. This Court while giving interim protection has passed the following order on 02.09.2024:-
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
In the prosecution case it is alleged that on 3.2.2024 at around 5.30 p.m. while Imran was returning from Lilapur the accused persons named in the F.I.R. along with two unknown armed with lathi and danda and illegal weapons have beaten him.
Learned counsel for the applicant submits that during course of same day, the injured Imran has registered two F.I.R.'s and the injuries received by him are simple injuries.
Prosecution case appears to be highly improbable. The co- accused Niyaz Kayoom has been granted interim protection by this Court vide order dated 20.8.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1850 of 2024. The applicant has no criminal history.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.
Perused the record.
On due consideration to the nature of the injury received by the injured and the fact that regarding the same incident two F.I.R's have been lodged on the same day, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
List on 10.9.2024 along with CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1850 of 2024.
In the meantime, learned A.G.A. shall file objections/Counter Affidavit."
Learned counsel for the applicant submits that the applicant has filed bonds in compliance of the order dated 02.09.2024 passed by this Court. He has cooperated in the investigation and further undertakes to cooperate in the investigation.
4. Learned A.G.A. as well as learned counsel for the complainant has opposed the bail application submitting that investigation in the matter is pending.
5. Considering the interim protection granted by this court vide order extracted above, so also considering the undertaking given by the applicant that he shall cooperate in the investigation and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute.
6. The application is allowed accordingly.
The court granted anticipatory bail under Section 438 Cr.P.C. based on the nature of injuries and the applicant's cooperation in the investigation, emphasizing that merits of the case are not to be c....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
Compliance with the order to join the investigation and cooperate with the police authorities can influence the grant of anticipatory bail.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
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