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Golu @ Lavkesh v. State of U.P.

Allahabad HC14 Jun 2023ABAIL/6019/2023

Case brief

AI extract

What is this about?

Anticipatory bail, Section 438 Cr.P.C., Allahabad High Court, single judge (Nand Prabha Shukla, J.). Applicant Golu @ Lavkesh; State of U.P. opposite party. Case Crime No. 426 of 2022, Sections 323/307/34 IPC, P.S. Harduaganj, District Aligarh. Limited-period anticipatory bail till Section 173(2) police report following Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98; personal bond Rs. 25,000/- with two sureties; sessions rejection dated 12.05.2023; order dated 14.6.2023.

What did the court decide?

Anticipatory bail granted to applicant Golu @ Lavkesh till submission of police report under Section 173(2) Cr.P.C., on furnishing personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer, subject to conditions; Investigating Officer at liberty to seek cancellation on breach.

Golu @ Lavkesh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Golu @ Lavkesh is entitled to be released on anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 426 of 2022 under Sections 323, 307, 34 I.P.C., Police Station Harduaganj, District Aligarh, during the pendency of trial.

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Court's answer

Without commenting on the merits, the applicant is entitled to be released on anticipatory bail for a limited period, i.e., till submission of the police report under Section 173(2) Cr.P.C., applying the exception recognised by the Supreme Court in Sushila Aggarwal v. State (NCT of Delhi); bail on personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation, no inducement/threat/promise, no leaving India without permission and deposit of passport if any).

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Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), by order dated 14.6.2023, allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Golu @ Lavkesh in Case Crime No. 426 of 2022 (Sections 323, 307, 34 I.P.C., Police Station Harduaganj, District Aligarh), after his anticipatory bail had been rejected by the sessions court on 12.05.2023. Without commenting on merits, the Court granted anticipatory bail for a limited period — till submission of the police report under Section 173(2) Cr.P.C. — applying the limited-duration exception recognised in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98, on a personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to conditions including availability for interrogation, abstention from inducement or threat, and deposit of passport / no departure from India without leave.

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Neutral Citation No. - 2023:AHC:126642

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6019 of 2023

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Applicant :- Golu @ Lavkesh Opposite Party :- State of U.P. Counsel for Applicant :- Yash Pratap Singh,Birendra Singh,Sanju Soni

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Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Supplementary affidavit filed today is taken on record.

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

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.426 of 2022, under Sections 323, 307, 34 I.P.C., Police Station -Harduaganj, District - Aligarh during the pendency of trial.

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It is submitted that the applicant is innocent and has committed no offence. It is further submitted that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 12.05.2023. Since investigation is going on and the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any further comment on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC Online SC 98.

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In the event of arrest of the applicant- Golu @ Lavkesh shall be

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released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each to the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required;

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

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(iii) The applicant shall not leave India 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.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 14.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Golu @ Lavkesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Golu @ Lavkesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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