Allahabad High Court
Vishal Gupta And 3 Others vs State Of U.P. And Another on 5 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191818
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10719 of 2023
Applicant :- Vishal Gupta And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- S Sengar
Counsel for Opposite Party :- G.A.,Pawan Kumar Patel,Sunil Kumar Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Sarvesh Kumar Pal, Advocate holding brief of Sri S. Sengar, learned counsel for the applicants and Sri S.P. Pandey, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.0146 of 2019 under Sections 392, 323, 324, 506 IPC, P.S.- Kotwali Orai, District- Jalaun with a prayer to enlarge them on anticipatory bail.
5. As per prosecution story, the applicants are stated to have assaulted the informant on 13.07.2019 at about 09.00 PM and are stated to have robbed him of one gold chain, some documents and cash of Rs.4,800/-.
6. Learned counsel for the applicants has stated that present case was filed by the informant after delay of about 18 days i.e. on 31.07.2019 and the said case was treated as complaint case No.146 of 2019 which has been filed as Annexure-4 to the affidavit filed along with instant anticipatory bail application.
7. Learned counsel for the applicants has stated that present complaint case is counterblast to an FIR No.7 of 2018 which was previously lodged by the applicant No.1 against the informant and his other family members. The proceedings in the said was were stayed by this Court vide order dated 05.07.2019 passed in Application u/s 482 No.25765 of 2019. It has been stated that applicants have been summoned vide a cryptic and non detailed order by the learned Trial Judge vide order dated 24.03.2022. The applicants have challenged it by filing Application u/s 482 No.12320 of 2021 and interim protection was granted vide order dated 25.05.2022 in the said case, but in light of the judgment of theAsian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation, reported at 2018 (16) SCC 299, the said protection stood vacated though the same is still pending. As such, the applicants have filed the instant anticipatory bail application.
8. Learned counsel has stated that the applicants have been falsely implicated in the present case. They are bonofide persons having no criminal antecedents. 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. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and they did not misuse the liberty previously granted to them by this Court. They are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
9. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
10. 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.
11. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Vishal Gupta, Gullo @ Vivek Gupta, Rohit Gupta and Mukesh Soni, be released forthwith in the aforesaid case crime (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 concerned shall have the liberty to cancel the bail.
12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Justice Krishan Pahal)
Order Date :- 5.10.2023
P Kesari
