Allowed

Prashant Gupta v. State of U.P.

Allahabad HC25 Nov 2022ABAIL/11768/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the anticipatory bail application of Prashant Gupta in a case involving public nuisance and hurt. Relying on Supreme Court precedents, the court held that since the applicant was never arrested or produced in custody during investigation, he is entitled to bail. Bail was granted with standard conditions.

What did the court decide?

Anticipatory bail granted to Prashant Gupta on furnishing personal bond and two sureties with specified conditions.

Prashant Gupta Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11768 of 2022

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Applicant :- Prashant Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.369 of 2020, registered under Sections 147, 148, 149, 323, 504, 506, 143, 188, 269, 270, 336, 308 IPC & Section 3/4 of Epidemic Disease Act at Police Station- Fatehabad, District Agra with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, two parties were found in brick batting on each other by the police flouting the Covid-19 norms and as such, the present FIR was registered as three persons are stated to have sustained injuries.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant had complied with the provisions of Section 41A Cr.P.C. and the final report was submitted with respect to it without Section 308 IPC and later on after further investigation, the said final report has been submitted with the added Section of 308 IPC. There are no criminal antecedents of the applicant. In support of his submission, learned counsel has placed reliance upon the judgement of the Apex Court in Aman Preet Singh vs. C.B.I. through Director AIR 2021 4154 , wherein the Court has clearly held that if a person, who is an accused in a nonbailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial

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also failing which the State can move appropriate application for cancellation of anticipatory bail.

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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 applicant.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Prashant Gupta be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-

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that the applicant shall make himself available for interrogation by a police officer as and when required;

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that 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 or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are

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exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.

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Order Date :- 25.11.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.11.29 14:58:27 IST Reason: Location: High Court of Judicature at Allahabad

Prashant Gupta v. State of U.P.

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Prashant Gupta v. State of U.P.

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