Allowed

Gopal Saxsena v. State of U.P. and Another

Allahabad HC6 Sept 2024ABAIL/8865/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application under Section 438 CrPC for the applicant, Gopal Saxsena. The order was granted primarily based on the ground of parity with a co-accused. The court framed standard conditions including surrender for interrogation, non-tampering with evidence, and permission to travel abroad.

What did the court decide?

Release on anticipatory bail forthwith till the conclusion of trial upon furnishing a personal bond and two sureties subject to standard conditions.

Gopal Saxsena vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150668

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Court No. - 68

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8865 of 2024

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Applicant :- Gopal Saxsena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Rohit Shukla, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.02 of 2024 registered under Sections 141, 143, 147, 186, 341 IPC, 7 Criminal Amendment Act and 8B National Highway Act at Police StationHighway, District Mathura with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that co-accused person Mahesh Chand Gautam Alias Goldi has already been granted anticipatory bail by this Court vide order dated 15.4.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.3515 of 2024. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There is no criminal history of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and

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Another , (2022) 10 SCC 51 , the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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Let the accused-applicant- Gopal Saxsena be released forthwith in the aforesaid case crime (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:-

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

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(ii). 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 or tamper with the evidence;

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

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

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness; (vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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

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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.

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Order Date :- 17.9.2024 Ravi/-

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(Justice Krishan Pahal)

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

Gopal Saxsena v. State of U.P. and Another

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Gopal Saxsena v. State of U.P. and Another

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