Allahabad High Court
Rakesh Kr. Gupta And Another vs State Of U.P. Thru. Its Prin. Secy. ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47500
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 37 of 2023
Applicant :- Rakesh Kr. Gupta And Another
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Ministry. Of Home Lko. And Anther
Counsel for Applicant :- Himanshu Vaish,Maneesh Kumar Singh,Sunder Lal
Counsel for Opposite Party :- G.A.,Sharavan Kumar Shukla
Hon'ble Subhash Vidyarthi,J.
On 10.01.2023 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 by Rakesh Kumar Gupta and Smt. Sangeeta Gupta seeking anticipatory bail in complaint case No.5145 of 2021 Shiv Shanker Lal Vaish versus Rakesh Kumar Gupta and others under sections 323, 406, 506 I.P.C., P.S. Madiyaon, district Lucknow.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Learned counsel for the applicant submits that earlier, a first information report was lodged by the daughter of the applicants for demand of dowry against respondent No.2 and his son, as well as other persons. The said crime was registered as case crime No.0451 of 2021 under sections 323, 504, 498-A I.P.C. and sections 3/4 D.P. Act. As a counter blast, only with a view to harass the applicants, an application under section 156(3) CrPC was given by the respondent No.2 which was treated as a complaint case. The applicants have been summoned by the learned Magistrate and a bailable warrant has also been issued against them. The applicants apprehend arrest,
It is submitted that the proceedings of the complaint case have been lodged with a view to harass the applicants who are old person(s) of 67 and 61 years old. There is no injury and consequently, no medical examination has been conducted.
Learned counsel for the applicants undertakes that the applicants shall cooperate in the investigation.
Issue notice to respondent No.2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 8.2.2023
Considering the above aspects of the matter, perusal of the record, the fact that earlier a first information report was lodged by the daughter of the applicants against respondent No.2 and his son, 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 applicants shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court/arresting officer.
The applicants shall cooperate in the trial and they will not influence the witnesses. The accused-applicants will remain present as and when the trial court summons. The applicants shall not leave India without previous permission of the Court.
It is open for the trial court to imposed other reasonable conditions as it is deemed fit and proper.
In case of default, it would be open for the prosecution to move application for vacation of this interim protection."
Although counter and rejoinder affidavits have been filed, 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 any violation of the consideration of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 10.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 19.7.2023
A.Nigam
