Gautam vs State of U.P.

Neutral Citation No. - 2025:AHC:57576

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2439 of 2025

Applicant :- Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pal Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard counsel for the applicant as well as Sri Rupak Chaubey, learned AGA for the State and perused the material available on record.

¶7

This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 126 of 2023, under Sections 147, 148, 149, 336, 323, 354Kha, 504, 506 IPC, Police Station Vijaygarh, District Aligarh.

¶8

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with eight named accused and 20-25 unknown persons are alleged to have assaulted the informant and acted indecently with three ladies. Vague role has been assigned to the applicant. In the alleged incident, no person received any injury. No medical report is available in the case diary. It is next contended that the applicant did not act indecently with the victims. During the course of investigation, the applicant was granted benefit of Section 41-A Cr.P.C. Investigation has been completed. The applicant had co-operated in the investigation. After investigation, charge sheet has been submitted and the applicant has been summoned by the concerned court. Counsel for applicant further contends that the maximum sentence provided for the alleged offences is upto seven years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 , the applicant is entitled to be enlarged on anticipatory bail. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

¶9

Learned A.G.A. for the State could not dispute the fact that the offences against the applicant are punishable upto seven years. He does not dispute the law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil (supra) .

¶10

The Supreme Court in the case of Satender Kumar Antil (supra) has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. One of the categories being Category-A are

¶11

offences punishable with imprisonment of seven years or less. The Supreme Court in paragraph-3 of the aforesaid judgment has laid down the guidelines that after the filing of the charge sheet/cognizance ordinarily the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India.

¶12

It is further to be noted that as per Section 41 of the Code of Criminal Procedure also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto seven years.

¶13

It is not the case of the opposite party that applicant was arrested for the alleged offences during investigation and it is also not the case of the opposite party that the applicant had not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicant and the applicant has been charge-sheeted and summoned in respect of offence in which punishment provided is upto seven years, then in view of the judgment of the Supreme Court in Satender Kumar Antil (supra) , the liberty of the individual is required to be protected.

¶14

It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶15

It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶16

Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, in particular the fact that in the alleged incident no person received any injury, no medical report is available in the case diary, vague role has been assigned to the applicant, at this stage, there is no substantive evidence against the applicant, during the course of investigation, the applicant granted benefit of Section 41-A Cr.P.C., investigation has been completed, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, and the fact that the offences against the applicant are punishable up to seven years and adhering to the guidelines provided in the judgment of the Supreme Court in Satender Kumar Antil (supra) , without commenting on merits of the case, I am of the opinion that

¶17

the applicant is entitled to be enlarged on anticipatory bail.

¶18

In the event of arrest, the applicant Gautam , involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶19

(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

¶20

(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;

¶21

(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 concerned court.

¶22

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

¶23

The application stands disposed of.

¶24

Order Date :- 18.4.2025

¶25

Lbm/-

¶26

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ballan and 2 Others vs State of U.P. and Another

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

Umesh vs State of U.P. and 2 Others

Jaipal Singh and 3 Others vs State of U.P. and Another

Santosh Kumar vs State of U.P. and Another

Harshit Bhardwaj vs State of U.P. and Another