Allowed

Sunny @ Kali Charan v. State of U.P. and Another

Allahabad HC11 Sept 2024ABAIL/8795/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a kidnapping/enticement case; applicant earlier granted interim protection and co-accused already granted bail. Court relied on Sushila Aggarwal and allowed bail till trial's end with conditions.

What did the court decide?

Anticipatory bail till conclusion of trial on personal bond with two sureties, subject to conditions including passport surrender and presence at hearings.

Sunny @ Kali Charan vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:167959

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8795 of 2024 Applicant :- Sunny @ Kali Charan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kandarp Narayan Mishra,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in S.T. No.300 of 2022 arising out of Case Crime No.314 of 2019, under Sections 363, 366, 504, 120-B I.P.C., P.S. Jhangaha, District Gorakhpur, till conclusion of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The victim in her statement has not made any allegation against the applicant and charge sheet has been submitted in the aforesaid sections. Earlier the applicant was granted anticipatory bail till submission of police report by the Coordinate Bench of this Court vide order dated 25.02.2020 passed in Crl. Misc. Anticipatory Bail Application No.2013 of 2020 and the applicant has not misused the liberty of the same. Co-accused Badhu, against whom allegation of enticing the victim was made, has also been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 17.02.2021 passed in Crl. Misc. Anticipatory Bail Application No.3008 of 2021. The charge sheet has been submitted and the Magistrate has taken cognizance against the applicant. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in

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the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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Let the applicant Sunny @Kali Charan who is involved in the aforesaid crime, be released on anticipatory bail till 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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i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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iii. 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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iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. 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 in accordance with law.

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Order Date :- 22.10.2024 Meenu Singh

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

Sunny @ Kali Charan v. State of U.P. and Another

Case brief

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Sunny @ Kali Charan v. State of U.P. and Another

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