Allowed

Nagendra Kumar Gupta @ Nagendra Gupta and 2 Others v. State of U.P. and Another

Allahabad HC5 Oct 2023ABAIL/11000/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to three applicants pending trial in an FIR alleging affray and assault under IPC Sections 147, 148, 149, 332, 353, 436, 341, and 188. The court held it to be a fit case for bail till the conclusion of trial, imposing standard conditions including execution of bond, a ban on tampering with evidence or fleeing, and surrender of passports.

What did the court decide?

Anticipatory bail granted till the conclusion of the trial on execution of a personal bond of Rs. 50,000 with two sureties and compliance with imposed conditions.

Nagendra Kumar Gupta @ Nagendra Gupta and 2 Others Vs… — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191696

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11000 of 2023

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Applicant :- Nagendra Kumar Gupta @ Nagendra Gupta And 2 Others

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Opposite Party :- State of U.P. and Another Counsel for Applicant :- S Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicants, learned AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicants- 1. Nagendra Kumar Gupta @ Nagendra Gupta, 2. Girish Kumar Chaturvedi @ Dr. Girish Chaturvedi, 3. Kramank Shukla in connection with Case No.1098 of 2016 arising out of Case Crime No.3715 of 2014, under Sections 147, 148, 149, 332, 353, 436, 341, 188 IPC. Police Station Kotwali Orai, District Jalaun.

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It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. After investigation charge sheet has been submitted in the matter. It is further submitted that applicants have been falsely implicated in the present case just to harass the applicants in fact no such incident has taken place as alleged in the impugned FIR. The applicants have never committed any offence as alleged in the impugned FIR. They are not named in the FIR. As per allegation, the applicants and others have been identified from the video footage which are allegedly indicates that applicants and other coaccused persons have committed the aforesaid offence. It is further submitted that co-accused Jitendra Kumar @ Jitendra Ahirwar has already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. 9464 of 2023 by order dated 22.8.2023. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

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

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till conclusion of trial in the matter.

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The anticipatory bail application is allowed accordingly.

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In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence

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ii. The applicants shall not pressurize/ intimidate the prosecution witness.

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iii.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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iv.The applicants shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicants in accordance with law.

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Order Date :- 5.10.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Nagendra Kumar Gupta @ Nagendra Gupta and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Nagendra Kumar Gupta @ Nagendra Gupta and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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