Allahabad High Court
Kamlesh And Another vs State Of U.P. And Another on 20 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241111
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14140 of 2023
Applicant :- Kamlesh And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Abhinav Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Complaint Case No. 248 of 2021, (Special Sessions Trial No. 480 of 2022) , under Sections 392, 323 IPC, P.S. Indergarh, District Kannauj,during the pendency of trial.
3. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case. He next submits that on 14.10.2019, two NCRs have been lodged, one by the applicant and other by the opposite party. It is further submitted that in the NCR lodged by the father of the applicant, charge sheet has been submitted under Section 308 IPC and in the NCR lodged by opposite party, charge sheet has been submitted under Sections 325, 323, 504 IPC in which applicants have been enlarged on bail. Subsequently, application under Section 156(3) Cr.P.C. has been filed by the opposite party after 25 days of the incident, which has been treated as complaint and applicants have been summoned to face the trial. It is further submitted that it is a case of no injury and the witnesses mentioned in the complaint have not been examined. There is no credible evidence against them. The applicants undertakes to co-operate during proceedings before the Court below and trial and they would appear as and when required by the Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate during proceedings before the Court below and would obey all conditions of bail.
4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail of the applicant.
5. 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.
6. In view of the above, the anticipatory bail application of the applicants is allowed.
7. Let the accused-applicants Kamlesh and Vimlesh @ Vimal Kumar be released forthwith in the aforesaid complaint case on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. 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;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others Vs State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law."
8. With the aforesaid directions, this application stands disposed of finally.
Order Date :- 20.12.2023
RavindraKSingh
