Allahabad High Court
Gyan Prakash Gupta vs The State Of U.P. Thru. Secy. Home ... on 8 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31866
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 947 of 2023
Applicant :- Gyan Prakash Gupta
Opposite Party :- The State Of U.P. Thru. Secy. Home Deptt. U.P. Civil Sectt. Lko.
Counsel for Applicant :- Sameer Singh,Sakshi Singh,Yogesh Kumar
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 Case Crime No.0220 of 2021 under sections 323, 504, 354, 506 I.P.C., P.S. Kaiserbagh, district Lucknow.
2.Heard learned counsel for the applicant and learned A.G.A. for the State as also the victim in person, who is also a practicing Advocate.
3.It is not disputed between the parties that the maximum punishment for the offences under which the charge sheet has been filed is five years. The offences are triable by Magistrate. The applicant is 64 years old practicing Advocate.
4. On a query being made by the Court, it has been admitted by the victim that the alleged torn clothes belonging to her have not been seized by the investigating officer.
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. and the victim have opposed the prayer made by the applicant's counsel.
6.Without expressing any opinion on the merits of the case and considering the nature of accusation, the maximum punishment for the offences under which charge sheet has been filed is five years, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant Gyan Prakash Gupta 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 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
kkb/
