Allahabad High Court
Deepanshu Gautam vs State Of ... on 4 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51693
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 356 of 2022
Applicant :- Deepanshu Gautam
Opposite Party :- State Of U.P.Thru.Civil.Secy.Home Lko.
Counsel for Applicant :- Mohd. Ghayasuddin Khan,Shyam Narain Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 07.03.2022, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order:-
"Heard Mohd. Gayasuddin Khan, learned counsel for the applicant and learned A.G.A. for the State.
On the oral request of the learned counsel for the applicant, let the complainant / informant be impleaded as opposite party no. 2 during the course of the day.
Issue notice to opposite party no. 2 returnable at an early date.
Steps within a week.
Office to proceed accordingly.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0012 of 2022 u/s 324, 308 IPC, P.S. Kakori, District Lucknow, with a prayer to enlarge him on anticipatory bail. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. In the F.I.R. the applicant is not named. As a matter of fact the impugned F.I.R. has been lodged against unnamed persons. He has furhter submitted that even in the anticipatory bail rejection order no reason has been assigned as to why such application of the present applicant has been rejected.
Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail and prayed for some time to file counter affidavit.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A., so also considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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.
In the event of arrest, the accused-applicant Deepanshu Gautam, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 25000/- each and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions:-
(i) 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; and
(ii) the applicant shall not leave India without the prior permission of the Court.
Learned A.G.A. prays for and is granted three weeks time to file counter affidavit.
List on 6.4.2022."
2. While passing the aforesaid interim order, notice was issued to the opposite party no. 2. Office has reported on 05.04.2022 that the notice has been served upon the opposite party no. 2 personally but nobody has put in appearance to oppose the application on behalf of the opposite party no. 2.
3. 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.
4. In view of the aforesaid circumstances, the interim order dated 07.03.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 4.8.2023
Pradeep/-
