Allahabad High Court
Gopal @ Gopal Gupta And 7 Others vs State Of U.P. on 28 May, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:97083
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5401 of 2024
Applicant :- Gopal @ Gopal Gupta And 7 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.34 of 2020, under Sections 147, 148, 307, 332, 353, I.P.C. & Section 7 Criminal Law (Amendment) Act, P.S. Kotwali, District Aligarh, during pendency of trial.
3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Earlier the applicants filed Crl. Misc. Anticipatory Bail Application No. 3691 of 2021 and the Co-ordinate Bench of this Court vide order dated 23.02.2021 granted anticipatory bail till submission of charge sheet. The applicants have co-operated in the investigation proceedings and are also cooperating in the trial proceedings. It is next submitted that co-accused Mohd. Shrik has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.04.2021 passed in Crl. Misc. Anticipatory Bail Application No. 8708 of 2021 and the applicant is also entitled for bail on the ground of parity. The applicants have no criminal history. It has been submitted that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
4. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
7. Let the applicants Gopal @ Gopal Gupta, Pappoo @ Muqeet, Vikki @ Vineet Vashney, Abhishek, Khusi @ Prashant Gupta, Boli @ Krishna Kumar, Mahesh Kumar and Chintoo @ Amit Kumar who are involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
iii. 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;
iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
Order Date :- 28.5.2024
Meenu Singh
