Allowed

Akhilesh Saini v. State of U.P. and Another

Allahabad HC8 Feb 2023ABAIL/12930/2022

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed by Akhilesh Saini in a case involving kidnapping, assault, and intimidation. Granting bail based on the Supreme Court judgment in Sushila Aggarwal, the Court imposed specific conditions before release pending trial.

What did the court decide?

Anticipatory bail granted to the applicant pending trial subject to furnishing a personal bond with two sureties and complying with the stipulated conditions.

Akhilesh Saini Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12930 of 2022

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Applicant :- Akhilesh Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Singh,Jalaj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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

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The present application has been moved seeking anticipatory bail in Case Crime No. 06 of 2013, under Section 363, 387, 323, 504, 506 IPC, Police Station- Kotwali Orai, District- Jalaun, with the prayer that in the event of arrest, applicant may be released on bail.

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As per the prosecution case informant's husband had abandoned her and litigation is going on between them. Her husband and family members used to intimidate and threaten her to withdraw the cases. On 9.1.2013, when the complainant was going by auto with her father, at that time, the accused including the present applicant tried to forcibly kidnap the complainant in Bolero vehicle by overtaking and stopping the auto, abused her and thrashed her with kicks and punches and threatened her by taking out revolver.

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Learned counsel for the applicant submits that applicant has falsely been implicated in the present case due to village party bandi. He further submits that divorce has taken place between the complainant and her husband. It is further submitted that there is no indipendent witness or medical report to support the prosecution case. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. It is next submitted that the applicant has no previous criminal history and he undertakes that he will cooperate in the investigation 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.

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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 above, the anticipatory bail application of the applicant is allowed.

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Let the applicant- Akhilesh Saini involved in the aforesaid case crime be released on anticipatory bail till the 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:-

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The applicant shall not tamper with the evidence during the trial.

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The applicant shall not pressurize/intimidate the prosecution witness.

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The applicant shall appear before the trial Court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not leave India without the previous permission of the Court;

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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;

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The applicant 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 his bail and proceed against him/her/them in accordance with law.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 8.2.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Akhilesh Saini v. State of U.P. and Another

Case brief

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Akhilesh Saini v. State of U.P. and Another

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