Deepak Kumar Gupta v. State of U.P. and 2 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12494 of 2023 Applicant :- Deepak Kumar Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Indra Dev Mishra, learned counsel for the applicant and Sri Shakeel learned A.G.A. for the State as well as perused the record.

¶3This is the second anticipatory bail application filed on behalf of the applicant in Case Crime No. 201 of 2019, registered under Sections 419, 420, 467, 468 I.P.C. at Police Station-Kaptanganj, District-Azamgarh with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant is stated to have got himself appointed as Assistant Teacher in U.P. State education department on the basis of forged documents.

¶5Learned counsel for the applicant has stated that the applicant was granted interim anticipatory bail by this Court vide order dated 28.05.2021 but subsequently, the said anticipatory bail application was rejected vide order dated 16.12.2021 for want of prosecution. He further submitted that the applicant has not misused the said opportunity and applicant has been reinstated at the job as Assistant Teacher on the basis of order of this Court. The applicant has no criminal antecedent to his credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶6Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Deepak Kumar Gupta 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:-

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

(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;

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

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

(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;

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

¶9It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 9.11.2023 Manoj High Court of Judicature at Allahabad