Allahabad High Court
Ashok Kumar Maurya vs The State Of U.P. Thru. Prin. Secy. ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51685
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 589 of 2023
Applicant :- Ashok Kumar Maurya
Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home, Civil Sectt Lko. And Another
Counsel for Applicant :- Sameer Singh,Ravi Singh
Counsel for Opposite Party :- G.A.,Hema Singh,Saurabh Yadava
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ravi Singh, the learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned AGA for the State, Sri Saurabh Yadava, learned counsel for the informant and perused the records.
2. On 02.03.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present anticipatory bail application has been filed by the applicant apprehending his arrest in F.I.R./Case Crime No.0142 of 2020, under Section 498-A, 323, 504, 506, 354, 380, 376, 511, 377, 420, 467, 468 and 494 IPC, Police Station Gomti Nagar, District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicant submits that co-accused, who is alleged to be husband of opposite party no.2, has been granted interim protection by this court vide order dated 17.2.2023 passed in Crl. Misc. Anticipatory bail application No. 395 of 2023. He submits that the applicant is alleged to be brother-in-law of opposite party no.2. Learned counsel for the applicant submits that the applicant is a government employee. It has been mentioned in Paragraph 11 of the bail application that the applicant is residing separately. He seeks parity with the interim protection granted to Santosh Kumar Maurya. He submits that the applicant has no previous criminal history except two cases which have been loged at the instance of the same complainant. The applicant has cooperated in the investigation. Charge-sheet has been filed, He undertakes that the applicant shall cooperate in the trial.
Learned Addl. Government Advocate though has opposed the prayer for bail, however, could not dispute the parity with the co-accused Santosh Kumar Maurya.
Issue notice to respondent No. 2 returnable at an early date.
On due consideration to the order dated 17.2.2023 by which interim protection was granted to the co-accused Santosh Kumar Maurya, undertaking that the applicant shall cooperate in the trial and also considering 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 in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
List on 24.03.2023 along with Crl. Misc. Anticipatory Bail Application No.395 of 2023.
Learned A.G.A. may file objections in the meantime."
3. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the charge sheet which has been submitted on 11.03.2023. The Court has already taken cognizance of the case by means of an order dated 03.12.2022.
4. Learned counsel for the applicant informs that the applicant has already furnished bail bonds in compliance of the order dated 02.03.2023.
5. Although a short 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.
6. In view of the aforesaid circumstances, the interim order dated 02.03.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
