Allowed

Munna Lal Gupta and 2 Ors. v. State of U.P. and Anr.

Allahabad HC8 Sept 2022/12735/2021

Case brief

AI extract

What is this about?

This single-verdict order by Single Judge of Allahabad High Court granted anticipatory bail to three applicants charged under forest protection laws, relying on settled legal parameters for exceptional cases.

What did the court decide?

Anticipatory bail granted to applicants furnishing personal bond of Rs. 25,000/- and two sureties each with specific conditions during investigation/trial.

Munna Lal Gupta and 2 Ors. Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 15

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12735 of 2021

¶3

Applicant :- Munna Lal Gupta And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ruchi Tripathi,Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sanjay Kumar Pachori,J.

¶5

Heard Shri Aman Kumar Shrivastav learned counsel for the applicant, Sri Vijay Kumar Dwivedi, learned A.G.A. for the State and perused the material on record.

¶6

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Munna Lal Gupta, Harish Gupta and Sanjay Gupta in Range No. 35 of 2014-15, under Sections 4/10 of the Tree Protection Act and Section 41/42 of the Indian Forest Act, Range-Dhaurahara, District - Lakhimpur Kheri after rejecting anticipatory bail application of the applicant by Additional Sessions Judge, Lakhimpur Kheri vide order dated 26.06.2021.

¶7

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the present F.I.R. has been filed on the basis of information received by the complaints from the villagers. It is further submitted that statements of the villagers have not been submitted with the complaints. It is further submitted that the applicants have no criminal history and they are real brothers. No incriminating article has been recovered from the possession of the applicant. It is further submitted that interim anticipatory bail of the applicant has been granted by this Court on 09.11.2021. It is further submitted that the applicant is ready to participate in the investigation.

¶8

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.

¶9

It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

¶10

Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

¶11

In case of arrest, the applicant, Munna Lal Gupta, Harish Gupta and Sanjay Gupta is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

¶12

(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

¶13

(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 such person from disclosing such facts to the Court or to any police officer;

¶14

(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

¶15

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

¶16

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶17

The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

¶18

A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

¶19

With the aforesaid directions, the present Anticipatory Bail Application is allowed .

¶20

Order Date :- 8.9.2022 Anurag, APS

¶21

Digitally signed by ANURAG SINGH Date: 2022.09.13 10:55:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Munna Lal Gupta and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Munna Lal Gupta and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abubakar and 8 Others vs State of U.P.

Mithlesh Kumar @ Mithlesh Dixit and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Ishtiyaq @ Ishtiyaq Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko.

Sarvesh Pandey and Ors. Vs State of U.P. and Anr.

Gaya Baksh Singh Vs State of U.P.

Saket Kumar Dwivedi Vs State of U.P. and Anr.