Allahabad High Court
Avinash Gupta vs State Of U.P. Thru. Prin. Secy. ... on 16 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14831 of 2021
Applicant :- Avinash Gupta
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another
Counsel for Applicant :- Anuj Dayal,Prateek Verma
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.188 of 2019 under section 306 I.P.C., P.S. Biswan, district Sitapur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 22.12.2021 the applicant was granted interim protection by this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.188 of 2019, under Section 306 Indian Penal Code, Police Station Biswan, District Sitapur with a prayer to enlarge them on anticipatory bail.
The applicant is father-in-law of the deceased, aged about 81 years and ailing from various diseases. Cause of death in the postmortem is asphyxia as a result of antemortem hanging. Prosecution witness i.e. independent witness namely Shrawan Kumar Mishra has not supported the prosecution case. Initially an F.I.R. was lodged under Section 498-A, 304-B Indian Penal Code. However, after recovery of suicide note the case was converted under Section 306 Indian Penal Code. From perusal of the suicide note it is evident that the deceased was under acute depression and she has clearly said that his in-laws are not at fault.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by the parties' counsel, perusal of the record, prima facie it appears that the applicant has been falsely implicated and 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 applicant is entitled to be enlarged on anticipatory bail.
In the event of arrest, the accused-applicant Avinash Gupta 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 arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the petitioner shall make himself available for interrogation as and when required;
(ii) the petitioner 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
(iii) the petitioner shall not leave India without the previous permission of the Court.
List on 20.1.2022.
In the meantime, learned A.G.A. may file counter affidavit. "
It is submitted on behalf of the applicant that the charge sheet is yet to be filed as per averment contained in the counter affidavit filed by the State. It is submitted that the applicant has no criminal antecedent and shall cooperate in the investigation. He has not misused the liberty granted by this court.
Per contra, learned A.G.A. has opposed the application for anticipatory bail.
In view of the above and keeping in view the suicide note in which the deceased has clearly stated that no one from the family of her husband or the husband is at fault, she was suffering from depression, the applicant is 81 years old, having no criminal antecedent, as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the order above extracted is affirmed and shall remain in operation till conclusion of the trial in peculiar facts and circumstances of the case, in case the charge sheet is filed after investigation. In case of arrest, the applicant shall be released on anticipatory bail till conclusion of trial on the same bail bonds as directed by this court while granting interim protection vide order dated 22.12.2021 (supra) with the conditions as contained in the said order as also the other reasonable conditions which the trial court may impose after filing of the police report.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 16.2.2023
kkb/
