Allahabad High Court
Chandra Prakash Gupta 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. - 523 of 2022
Applicant :- Chandra Prakash Gupta
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anther
Counsel for Applicant :- Harish Chandra Yadav
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 FIR No. 5 of 2022, registered under Sections 366 IPC at Police Station- Khargupur, District Gonda, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is said to have enticed away sister of first informant in the midnight of 21.12.2021.
Learned counsel for the applicant has stated that age of the victim is 19 years and she has gone on her own sweet will. The statement recorded under Sections 161 and 164 Cr.P.C. support the applicant. As per the statement recorded under Section 164 Cr.P.C., victim has stated that she has married applicant out of her own sweet will. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history against the applicant.
The prayer for anticipatory bail have been vehemently opposed by learned A.G.A. However, he could not dispute the fact that victim is major and has supported the applicant in her statement recorded under Section 164 Cr.P.C.
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 Chandra Prakash Gupta, be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond and two sureties of Rs. 50,000/- 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
