Allahabad High Court
Vijay Kumar Gupta And 3 Others vs State Of U.P. And 2 Others on 3 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4599 of 2023
Applicant :- Vijay Kumar Gupta And 3 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Rajendra Singh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pradeep Kumar Yadav, Advocate holding brief of Sri Rajendra Singh Yadav, learned counsel for the applicants and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Complain Case No.71 of 2018 registered under Section 406 IPC at Police Station- Mahila Thana Rakabganj, District Agra with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants and the husband of the informant Sachin Kumar Gupta are stated to have committed criminal breach of trust by usurping the Stridhan of the informant.
5. Learned counsel for the applicants has stated that the applicants are the in-laws of the informant and have been falsely implicated in the present case. They have nothing to do with the said offence. The main accused is the husband Sachin Kumar Gupta. The case of the applicants is at a different footing to the main accused person Sachin Kumar Gupta. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicant. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that the applicants had filed a petition u/s 482 Cr.P.C. and failed in it. Learned A.G.A. has further placed much reliance on paragraph 43(1) of the judgment dated 05.04.2021 passed by this Court in the case of Shivam vs. State of U.P. and Another.
7. On the other hand, learned counsel for the applicant has stated that the case of the applicant is squarely covered by paragraph 43(1) of the judgment passed in Shivam (supra).
8. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
9. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Vijay Kumar Gupta, Smt. Sangeeta Gupta, Nitin Kumar Gupta and Dr. Ashok Kumar Gupta be released forthwith in the aforesaid complaint case (supra) 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 court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). 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 or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.)
Order Date :- 3.5.2023
Ravi Kant
