Allahabad High Court
Ram Bachan Gupta And 13 Others vs State Of U.P. And Another on 2 February, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2043 of 2021
Applicant :- Ram Bachan Gupta And 13 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Mishra,Meenu Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants,Ram Bachan Gupta, Ramjit Gupta, Kedar Gupta, Bharat Prasad Gupta, Parshuram Gupta, Purushottam Gupta, Vinit Gupta, Viresh Gupta, Rameshwar Gupta, Gautam Halwai, Prabhu Gupta, Rajjak, Keshav Gupta and Dhruv, with a prayer to release him on bail in Case Crime No. 966 of 2015, under Sections- 147, 148, 308, 452, 504, 506 IPC, Police Station- Sewarahi, District- Kushinagar, during pendency of trial.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case ofP. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198,this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicant, that in case the applicant appears and surrenders before the court below within 90 days from today and applies for bail, his prayer for bail shall be considered and decided as per the settled law laid by this Court in the case ofAmrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till then no coercive action shall be taken against the applicant no. 1,Ram Bachan Gupta.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
Learned counsel for the applicants submitted thatthere is no allegation in the FIR that the wife of the informant has lodged the Gram Pradhan Election. The winning candidate was taking out a procession and the applicant no. 1,namely, Ram Bachan Gupta son of Kedar, is alleged to have caused injury by axe on the head ofthe injured, Kaptan. In the x-ray report, fracturewasfound on his head. Regarding other accused persons, there are allegation of causing injury by lathi-danda. However, no serious injury wascaused to other three injured. Counsel for the applicants has submitted that the applicant nos. 2 to 14 havefalsely implicated in this case.
Learned AGA has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After hearing the rival contention this court finds that the allegations against applicant no. 1 are corroborated from the injury caused to the injured, Kaptan. Regarding other accused persons there are general allegations. No serious injury has been caused by lathi-danda.
Regarding applicant nos. 2 to 14, namely,Ramjit Gupta, Kedar Gupta, Bharat Prasad Gupta, Parshuram Gupta, Purushottam Gupta, Vinit Gupta, Viresh Gupta, Rameshwar Gupta, Gautam Halwai, Prabhu Gupta, Rajjak, Keshav Gupta and Dhruv, it is provided that in the event of arrest, the applicant nos. 2 and 3, shall be released on anticipatory bail. Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passports, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court.
3. That the applicants 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 them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.2.2021
Rohit
