Allahabad High Court
Guddu Yadav vs State Of U.P. And Another on 12 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3245 of 2022
Applicant :- Guddu Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Suraj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit dated 10.5.2022 filed by learned counsel for the applicant is taken on record.
Short counter affidavit dated Nil May, 2022 filed by learned counsel for the complainant is taken on record.
Heard Sri Suraj Kumar Singh, learned counsel for applicant and Sri Saroj Kumar Dubey and Sri Akhilesh Singh, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Guddu Yadav, with a prayer to release him on bail in Case Crime No.389 of 2021, under Sections 323, 326 I.P.C., Police Station- Kotwali Padrauna, District- Kushinagar, during pendency of trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive, whereas, real facts of the case are that the injured is an alcoholic and on the date of incident being in inebriated condition met with an accident and succumbed to his injuries. It is further submitted that the father of the applicant Ex-Pradhan of the village Hirnaha and due to political animosity he has been falsely implicated in the present case.
Learned counsel for the complainant as well as learned AGA have vehemently opposed the prayer for bail and submitted that the process under Section 82 and 83 Cr.P.C. has been issued against the applicant and therefore, he does not entitled for anticipatory bail in view of the dictum of the Hon'ble Apex Court in the matter of Prem Shankar Prasad Vs. The State of Bihar and another reported as (2021) A.I.R. (SC), 5125.
To the above, learned counsel for the applicant submits that the applicant has moved anticipatory bail before the learned Sessions Judge, Kushinagar prior to issuance of process under Sections 82 and 83 Cr.P.C. hence the pronouncement of Hon'ble Apex Court in matter of Prem Shankar Prasad (Supra) is not applicable in the present case.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. 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 them from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he 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 applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant 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 his bail and proceed against him in accordance with law.
Order Date :- 12.5.2022
Dev/-
