Allowed

Anand Shankar Prasad and Another v. State of U.P. and Another

Allahabad HC14 Jul 2023ABAIL/5356/2023

Case brief

AI extract

What is this about?

In a Criminal Misc. Anticipatory Bail application arising from a complaint case for cheating and forgery involving alleged misuse of literary manuscripts, the Allahabad High Court applied the principles of Sushila Aggarwal. Considering the lack of criminal antecedents and cooperation in investigation, the court allowed anticipatory bail.

What did the court decide?

The applicants were enlarged on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Anand Shankar Prasad and Another Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:139674

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5356 of 2023

¶4

Applicant :- Anand Shankar Prasad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Bahadur Singh,Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Sri Shiv Bahadur Singh, learned counsel for the applicants and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.

¶8

The present anticipatory bail application has been filed on behalf of the applicants in Complaint Case No.1058 of 2019, registered under Sections 406 and 411 IPC at Police StationChetganj, District Varanasi with a prayer to enlarge them on anticipatory bail.

¶9

As per prosecution story, the applicants, who happen to be the great grand-sons of legend poet Jai Shankar Prasad, are stated to have misused the manuscripts and sold them in the open market without any authority.

¶10

Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The applicants as a bona fide persons had deposited the said manuscripts in the National Archives of India. There is a letter sent by Assistant Director, National Archives of India dated 14.09.2018, which substantiates the said arguments tendered at bar by the counsel for the applicants. The same has been annexed as SA-1 to the supplementary affidavit dated 11.05.2023, which is on record. Learned counsel has further stated that even the said prosecution is barred by Section 16 of Public Records Act as they have acted in good faith. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicants. The applicants have apprehension of their arrest. Learned counsel

¶11

for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶12

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 applicants.

¶13

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

¶14

In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Anand Shankar Prasad and Vijay Shankar Prasad be released forthwith in the aforesaid complaint case (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶15

(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;

¶16

(ii). 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 or tamper with the evidence;

¶17

(iii). that the applicants shall not leave India without the previous permission of the court;

¶18

(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

¶19

(v). that the applicants shall not pressurize/ intimidate the prosecution witness;

¶20

(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

¶21

(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶22

It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

¶23

(Krishan Pahal, J.)

¶24

Order Date :- 14.7.2023 Ravi Kant

¶25

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Anand Shankar Prasad and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anand Shankar Prasad and Another v. State of U.P. and Another

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

Rinku Yadav @ Praveen Kumar Yadav Vs State of U.P. and Another

Vikas Agnihotri Vs State of U.P. and 3 Others

Jishan Vs State of U.P. and Another

Rajpal Saini and Another Vs State of U.P. and Another

Ratnesh Mohan Singh and 2 Other Vs State of U.P. and Another

Qamar Alam Vs State of U.P. and Another