Allahabad High Court
Harish Chandra Gupta vs State Of U.P. Thru. Prin. ... on 1 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:50745
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 258 of 2023
Applicant :- Harish Chandra Gupta
Opposite Party :- State Of U.P. Thru. Prin. Secy.(Home) And Another
Counsel for Applicant :- Vijay Pratap Singh
Counsel for Opposite Party :- G.A.,Ritu Shukla,Saurabh Gautam
Hon'ble Subhash Vidyarthi,J.
1. On 03.02.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.0727/2020 under section 366 I.P.C., P.S. Thakurganj, district Lucknow.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
It is alleged in the first information report that daughter of the informant on 30.11.2020 along with her family members went for attending the marriage ceremony in her relation. In the night of 30.11.2020, the daughter of the complainant stayed in her sister's house. It is further alleged that on 1.11.2020 at about 12.30 p.m., the daughter of the informant went to Mahila College, Aminabad, Lucknow but she did not return. The complainant tried to contact her on mobile but her mobile was switched off. It is further alleged that the applicant who is neighbour of the complainant earlier used to talk to his daughter on Whatsapp and on the basis of this suspicion, the applicant has been implicated in the first information report. Initially, a missing report was also filed by the complainant.
Learned counsel for the applicant submits that the applicant has fully cooperated with the investigating officer for searching out the missing daughter of the informant. Specific pleading in this regard has been made in para 18 of the of the affidavit filed in support of the application.
It is submitted that the offence is of 1.12.2020, however, the first information report has been lodged on 10.12.2020. No explanation of delay has been given by the prosecution. It is submitted that even if the entire prosecution case is taken as it is, no offence under section 366 I.P.C. is made out as ingredients of the said offence are missing.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Issue notice to respondent No.2.
Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file counter affidavit/objection.
List on 13.3.2023.
Considering the above aspects of the matter, perusal of the record, the applicant has no criminal antecedent, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC, 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O./trial court concerned.
The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
2. Notice issued to the opposite party no. 2 has been served and the opposite party no. 2 has put in appearance through counsel but no counter affidavit has been filed on behalf of the informant. Although a counter affidavit has been filed on behalf of the State, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
3. Learned counsel for the applicant states that the applicant has already furnished bail bonds.
4. In view of the aforesaid circumstances, the interim order dated 03.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 1.8.2023
Pradeep/-
