Allahabad High Court
Devesh Kumar @ Dussa vs State Of U.P. on 16 March, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 82
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 732 of 2023
Applicant :- Devesh Kumar @ Dussa
Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Srivastava,Abhishek Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.369 of 2020, registered under Sections 147, 148, 149, 323, 504, 506, 143, 188, 269, 270, 336, 308 IPC & Section 3/4 of Pandemic Act at Police Station- Fatehabad, District Agra with a prayer to enlarge him on anticipatory bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is also submitted that other co-accused Prashant Gupta has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.11768 of 2022 vide order dated 25.11.2022 and the case of this applicant is on similar footing to that of aforesaid co-accused, therefore, the present applicant is also entitled for the same relief.
Learned A.G.A. opposed the anticipatory bail application.
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.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Devesh Kumar @ Dussa be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 16.3.2023
Ashok Gupta
