Ashutosh @ Anshu v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12911 of 2023 Applicant :- Ashutosh @ Anshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Naresh Shukla,Ram Pratap Yadav,Rishabh Shukla Counsel for Opposite Party :- G.A.,Dinesh Kumar Gupta,Rahul Kumar Tyagi,Virpratap Singh Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Supplementary affidavit filed today is taken on record.

¶3Heard Sri Ram Pratap Yadav, learned counsel for the applicant, Sri Rahul Kumar Tyagi, learned counsel for the informant and Sri Anit Kumar Shukla, learned A.G.A. for the State as well as perused the record.

¶4The present anticipatory bail application has been filed on behalf of the applicant in Case No.6691 of 2023 (State vs. Pooja and Others) arising out of Case Crime No.269 of 2021 registered under Section 306 IPC at Police Station-Sumerpur, District Hamirpur with a prayer to enlarge him on anticipatory bail.

¶5Learned counsel for the applicant has submitted that co-accused persons Pooja Tiwari has already been granted anticipatory bail by this Court vide order dated 22.11.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.12836 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. 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.

¶6The prayer for anticipatory bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. on the ground that already the proceedings under Section 83 Cr.P.C. are complete against the applicant.

¶7Learned counsel for the applicant has further stated that the said proceedings were undertaken prior to the submission of final report (charge-sheet) and subsequent to it, only summons have been issued against the applicant.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial 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 judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, 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.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Ashutosh @ Anshu 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 Presiding Officer/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.

¶10It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 08.12.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad