Allahabad High Court
Vishal Gupta @ Vishal Halwai vs State Of U.P. Thru. Prin. Secy. ... on 7 April, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 524 of 2022
Applicant :- Vishal Gupta @ Vishal Halwai
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another
Counsel for Applicant :- Vijayendra Prakash Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Crime No. 680/2011 of 2021, registered under Sections 147, 341 IPC and 3/4 Prevention from Damages to the Public Property Act, at Police Station- Gosaiganj, District- Faizabad, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, on 3.8.2011, at about 7.30 pm, a crowd was gathered owing to the murder in the locality and the said crowd is said to have stopped three buses bearing no. UP 42 T/2993, UP 42 T/2341 and UP 50 F/4401 thereby damaging them badly and even burning one of the said buses. The S.H.O. Gosaiganj has lodged the FIR pertaining to the same incident as Case Crime No. 681 of 2011 and the State Government had withdrawn the said case vide order dated 18.11.2017. The present FIR has been lodged by the conductor of one of the buses.
Learned counsel for applicant has stated that the State Government had taken a decision to withdraw the present case also and sent a letter dated 4.2.2022 to D.M., Ayodhya for the compliance thereto. Learned counsel has stated that on 16.3.2021 the public prosecutor had moved an application for withdrawal of the case under Section 321 Cr.P.C., but the same was rejected by the trial court. Learned counsel has stated that applicant is not named in the FIR. There is an apprehension of being arrested by the police. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, he could not dispute the said fact.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest, let the accused-applicant Vishal Gupta @ Vishal Halwai be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;
6. that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;
7. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
8. that the applicant shall not pressurize/ intimidate the prosecution witness;
9. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
10. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 7.4.2022
Shalini
