Allahabad High Court
Vibhuratan Gupta And 4 Others vs State Of U.P. on 2 November, 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. - 9926 of 2022
Applicant :- Vibhuratan Gupta And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Dev Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Manish Dev Singh, learned counsel for the applicants 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 Complaint Case No.1984 of 2017 (Indu Shankar Prasad vs. Vibhuratan Gupta and Others), under Sections 323, 504, 506, 427, 452 IPC at Police Station- Chetganj, District Varanasi with a prayer to enlarge them on anticipatory bail.
As per the complaint filed by the complainant, the applicants are stated to have assaulted and intimidated the complainant on 25.05.2015 over a property dispute and are stated to have damaged their property.
Learned counsel for the applicants has stated that the said complaint case has been filed over a property dispute between the family members and the applicants have nothing to do with the said offence. The applicants have been summoned vide order dated 30.10.2017 of the court concerned and the proceedings have been stayed by this Court vide order dated 05.10.2018. 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 are ready to cooperate in trial failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for 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- Vibhuratan Gupta, Bhavaratan Gupta, Kiran Shankar Prasad, Jay Ratan and Ashu Ratan @ Anshu Ratan be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- 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 or deciding the regular bail application.
Order Date :- 2.11.2022
Ravi Kant
