Allahabad High Court
Punit Alias Guddu vs State Of U.P. Thru. Prin. Secy. ... on 25 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49626
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1000 of 2023
Applicant :- Punit Alias Guddu
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- O.P. Tiwari
Counsel for Opposite Party :- G.A.,Shafat Ullah Khan
Hon'ble Subhash Vidyarthi,J.
On 27.04.2023, 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.PC. has been filed seeking anticipatory bail in case crime No. 322/2020, under Sections 147/308/323/325/504/506/336 I.P.C., P.S. Ajgain, District Unnao.
Heard learned counsel for the applicant and learned A.G.A. for the State.
In the prosecution case, it is alleged that on 15.04.2020 when the injured was sitting outside the house with his brother of Ramman and father Indal and was talking, Bina and Anoop came and said that Ram Sanehi why were you abusing him in the day time, then he has stated that they are not returning Rs. 5000/-, on this Deepu, ranjit, Shiv Prakash and Asheesh came from behind and with a common intention started hurling abuses and assaulted them with lathi and danda and Guddu, Nanke and Swatanta started throwing bricks on the injured. When Manoj Kumar and Brijesh Kumar and Mamtesh Kumar came to save them on the their shouting, these persons have assaulted them with lathi, danda and bricks, due to which, they suffered serious injuries. In that incident, right hand of the father of the informant has fractured.
Learned counsel for the applicant submits that the applicant has been falsely implicated with an intent to ruin his career. He is an engineering graduate and has been selected in UPSC for interview. Call letter issued by the UPSC is on record. It has been further submitted that total nine persons are injured from both sides. Cross FIRs have been lodged by both sides. The injuries sustained by the injured on accused side has been been explained by the prosecution. The applicant is a bright student and he deserves indulgence from this Court in view of the fact that he has no criminal history.
It is further submitted that the applicant has not been arrested during investigation and charge sheet has been filed. No fruitful purpose will be served by mechanically sending the applicant behind the bars.
Learned counsel for the applicant has prayed reliance on the judgment of the Supreme Court passed in the case of "Satender Kumar Antil v. CBI, 2023 SCC OnLine SC 452".
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 19.05.2023.
On due consideration to the argument advanced as well as perusal of the record and the the fact that both sides have sustained injuries; cross FIRs have been registered by both sides; the applicant has no criminal history; 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 on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court."
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 violation of any of the conditions of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 27.04.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 25.7.2023
A.Nigam
