Allowed

Surendra Nath Awasthi v. State of U.P.

Allahabad HC15 Oct 2024ABAIL/9900/2024

Case brief

AI extract

What is this about?

Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a case involving Sections 306 and 504 IPC, imposing standard conditions including cooperation with investigation, non-interference with witnesses, and surrender of passport.

What did the court decide?

Anticipatory bail granted till conclusion of trial by furnishing a personal bond of Rs.50,000 with two sureties and complying with specified conditions.

Surendra Nath Awasthi vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:193465

¶2

Court No. - 64

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9900 of 2024

¶4

Applicant :- Surendra Nath Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Nikhil Kumar,Vagish Yadav Counsel for Opposite Party :- Saurabh Tripathi,G.A.

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

Heard learned counsel for the applicant, learned counsel for the informant and learned Additional Government Advocate for the State as well as perused the material available on record.

¶7

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Criminal Case No. 4354 of 2024, arising out of Case Crime No. 477 of 2023, under Sections 306, 504 I.P.C., P.S.- Kayamganj, District- Farrukhabad.

¶8

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the applicant claims parity with the coaccused, namely, Nirdesh Gangwar, who has been granted anticipatory bail by this Court vide order dated 19.09.2024 in Criminal Misc. Anticipatory Bail Application No. 8786 of 2024. The applicant having no previous criminal history. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would cooperate with the trial.

¶9

Learned A.G.A. as well as learned counsel for the first informant has opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid fact.

¶10

Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid

¶11

judgment of the Apex Court.

¶12

In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Surendra Nath Awasthi, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

¶13

(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

¶14

(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 him from disclosing such facts to the Court or to any police officer.

¶15

(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

¶16

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

¶17

(v) 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.

¶18

(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

¶19

(vii) 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 his in accordance with law.

¶20

In default or misuse of any of the conditions, the Public

¶21

Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶22

With the aforesaid observations/ directions, the application is allowed.

¶23

Order Date :- 10.12.2024 v.k.updh.

¶24

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Surendra Nath Awasthi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surendra Nath Awasthi v. State of U.P.

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

All orders in this case

Similar cases

Shanti Swaroop Alias Shanti Parasad and 3 Others vs State of U.P. and Another

Girishchandra Pandey vs State of U.P. and Another

Ashok Yadav and 6 Others vs State of U.P. and Another

Pradeep Kumar Singh vs State of U.P. and Another

Mohit Kumar vs State of U.P. and 2 Others

Ashok Kumar Maurya vs State of Up and Another