Allahabad High Court
Anuruddh Kumar Gupta vs State Of U.P. And Another on 24 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4529 of 2023
Applicant :- Anuruddh Kumar Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohammad Anas Raza
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mohammad Anas Raza, learned counsel for the applicant, Sri Shailesh Kumar Yadav, learned counsel for the informant and Sri R.K. Srivastava, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0117 of 2022, registered under Sections 352, 504, 506, 420 and 406 IPC at Police Station- Gursahaiganj, District Kannauj with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant and other co-accused persons are stated to have agreed to sale truck nos. UP 78FN 5844 and UP 78FN 6311 and are stated to have taken an advance of Rs.2,90,000/- from him and an agreement on Rs.10 non judicial stamp was entered into between the parties on 10.10.2021. The applicant is stated to have neither got the said truck registered to the informant nor returned the said amount to him.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. No transfer of a vehicle can be undertaken on a stamp paper. The matter is of civil in nature as the amount of Rs.2,90,000/- is stated to have been given to the applicant by the informant and it has been converted into criminal one. The said stamp paper is a hand written document and it is not valid under law. Learned counsel has further stated that the co-accused persons have already been enlarged on anticipatory bail by the Sessions Judge concerned. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. 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 applicant.
7. On due consideration to the arguments advanced 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 "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Anuruddh Kumar Gupta be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.)
Order Date :- 24.4.2023
Ravi Kant
