Allahabad High Court
Satya Prakash Upadhyay vs State Of U.P. Thru. Principal ... on 8 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31833
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 978 of 2022
Applicant :- Satya Prakash Upadhyay
Opposite Party :- State Of U.P. Thru. Principal Secretary, Home And Another
Counsel for Applicant :- Vivek Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in F.I.R. No.460 of 2016 under Section 409, 420, 467, 468, 471, 120-B IPC and under Section 3/7 E.C. Act, P.S. Kotwali Dehat, District Gonda
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3.Vide order dated 14.7.2022, the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Heard Sri Vivek Pandey, learned counsel for the applicant and Sri J.S. Tomar, 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 F.I.R./Case Crime No.460 of 2016, under Sections 409, 420, 467, 468, 471, 120B IPC and Sections 3/7 of Essential Commodities Act, Police Station- Kotwali Dehat, District-Gonda, with a prayer to enlarge him on anticipatory bail.
At the very outset, learned counsel for the applicant has claimed parity with the co-accused Sunil Kumar who has already been granted interim protection by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 977 of 2022 vide order dated 28.6.2022. He has further stated that the applicant is also a member of the Administrative Committee of the village concerned. Learned counsel further undertakes that the applicant shall cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Per contra, Sri J.S. Tomar, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but he has not disputed the claim of parity with the co-accused.
On due consideration to the arguments advanced by the learned counsel for the applicant as well as the learned A.G.A. appearing for the State and also considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail 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 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 the event of arrest, the accused-applicant Satya Prakash Upadhyay, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 20,000/- 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 applicant shall make himself available for interrogation as and when required;
(ii) 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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
Learned A.G.A. prays for and is granted two weeks' time to file counter affidavit.
One week time, thereafter, is granted to the learned counsel for the applicant to file rejoinder affidavit.
List this application on 7.9.2022 in the additional cause list. "
4.It is submitted on behalf of the applicant that the anticipatory bail application No.977 of 2022 of similarly situated co-accused Sunil Kumar who was also Administrative Committee member of the village concerned like the applicant, has been allowed today. Earlier, vide order dated 28.6.2022, the co-accused Sunil Kumar was granted interim protection by this Court.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
5.Learned A.G.A. has opposed the prayer made by the applicant's counsel, however could not dispute the fact that there is an interim protection in favour of co-accused Sunil Kumar.
6.Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial , the matter is triable by Magistrate, and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
7.In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant Satya Prakash Upadhyay is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
8.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 8.5.2023
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