Allahabad High Court
Gyani Alias Gyanendra And Another vs State Of U.P. And Another on 12 December, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12598 of 2022
Applicant :- Gyani Alias Gyanendra And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Akhilesh Srivastava, learned counsel for the applicants, Sri Rakesh Kumar Tiwari, learned counsel for the informant and Sri Vibhav Anand Singh, 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 applicants in Case Crime No.69 of 2022, registered under Sections 452, 323, 354, 354B, 504 and 506 IPC at Police Station- Chharra, District Aligarh with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants and other co-accused persons are said to have outraged the modesty of the informant and thereupon on her raising protest, are stated to have assaulted her and her husband on 29.03.2022 at about 9:00 pm.
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The applicants and the informant are neighbours and have nothing to do with the said offence. They have entered into an altercation on petty matters. Learned counsel has further stated that after the present incident, an FIR has been lodged on behalf of the applicants against the informant. There is every chance that the matter may be settled by the elder members of the society. The charge-sheet has been filed against the applicants. There are no criminal antecedents of the applicants. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the anticipatory bail application and stated that the applicants have committed the said offence and torn of clothes of the informant. Although, they could not dispute the fact that there are no criminal antecedents of the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants 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 applicants is allowed. Let the accused-applicants- Gyani Alias Gyanendra and Ran Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. 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.
Order Date :- 12.12.2022
Ravi Kant
