Allahabad High Court
Veer Bahadur vs State Of U.P. on 29 July, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:121691 Court No. - 75 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7156 of 2024 Applicant :- Veer Bahadur Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. The case is taken up in the revised call.
2. Vakalatnama filed by Mr. Ajay Srivastava, learned counsel on behalf opposite party, is taken on record.
3. Heard learned counsel for the applicant, learned counsel for the Informant and Mr. Amit Singh Chauhan, learned AGA-I for the State.
4. The present application has been moved seeking anticipatory bail in Case No. 519 of 2021 (State Vs. Veer Bahadur) arising out of Case Crime No. 18 of 2021, under section 418, 420 IPC, Police Station Bhanwarkol, District Ghazipur, pending in the Court of Judicial Magistrate, Room No. 1, Ghazipur with the prayer that in the event of arrest, applicant may be released on bail.
5. Learned counsel for the applicant submits that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. He further submits that he has nothing to do with the allegation as made, no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He next submits applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
6. Learned counsel for the informant opposed the prayer for granted anticipatory bail to the applicant by contending that this is the second anticipatory bail application on behalf of applicant. First anticipatory bail application was rejected by this Court vide order dated 31.01.2023 after which an Application U/s 482 No. 8873 of 2022 has been filed for quashing of the charge sheet which has also been refused by the co-ordinate Bench of this Court vide order dated 14.07.2022.
7. Learned A.G.A. submits that charge sheet has been submitted. From the material as collected by the Investigating Officer, credible, clinching as well as documentary evidences showing the complicity of commission of the crime has been found, therefore, the charge sheet has been submitted. He has further submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
8. In order to make disposal of this application, it is relevant to mention Section 438 Cr.P.C., which is reproduced herein below:-
"438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person 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;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1)."
9. Grant of anticipatory bail may hamper the custodial interrogation and will lead to nondisclosure of useful information and material facts and information. In the case of P. Chidambaram vs. Directorate of Enforcement, reported in (2019) 9 SCC 24, the Apex Court held as under:-
"74. Ordinarily, arrest is a part of the process of the investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant information. Grant of anticipatory bail may hamper theinvestigation. Pre-arrest bail is to strike a balance between the individual's right to personal freedom and the right of the investigating agency to interrogate the accused as to the material so far collected and to collect more information which may lead to recovery of relevant information. In State Rep. By The CBI v. Anil Sharma (1997) 7 SCC 187, the Supreme Court held as under:-
"6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
81. Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. ........."
10. From the record, it appears that there is no apprehension of arrest of the applicant nor anything has been averred in the affidavit with regard to threat or apprehension of arrest of the applicant.
11. In the light of above, looking to the facts and circumstances of this case, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation as well as reasons mentioned above, this court is of the view that no case for exercising its discretionary power under section 438 Code of Criminal Procedure is made out in favour of applicant.
12. Accordingly this application under section 438 Cr.P.C. is rejected. Interim order, if any, stands discharged.
13. It is open to the Court/authority concerned to proceed in accordance with law.
14. It is clarified that observations made in this order at this stage is limited for the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. The investigating officer of this case shall be absolutely free to arrive at its independent conclusions according to law on the basis of materials/ evidences on record.
15. Registrar (Compliance) is directed to communicate this order to the concerned Court/authority for necessary information and compliance.
Order Date :- 29.7.2024 Arti