Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9085 of 2021 Applicant :- Shivam Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shishir Kumar Dwivedi,Adhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicant, Shivam Gupta, in connection with Case Crime No.3669 of 2013, under Sections 147, 188, 332, 336, 337, 353, 427, IPC, and Section, Criminal Law Amendment Act, Police Station Kotwali Orai, District Jalaun.
Heard learned Counsel for the applicant and learned AGA appearing for the State through video conferencing.
Learned Counsel for the applicant submits that in this case the FIR was lodged during the course of a student agitation way back on 24.12.2013, wherein the Court has now taken cognizance and issued process on 21.01.2021 leading to an apprehension of arrest by the applicant. It is submitted that no prima facie case whatsoever is made out from a perusal of the police report, inasmuch as no person has sustained injury in the incident. There is no material in the case diary about any injury being sustained. It is submitted that the case against the applicant is a patent abuse of process of Court. It is next submitted that the applicant has no criminal history and is a respectable person, who at the relevant time, was the President of the students Union. He is a law abiding citizen. It is also submitted that in case the applicant is granted the concession of anticipatory bail, he will not flee from justice or otherwise misuse the liberty.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Superintendent of Police, Jalaun at Orai, returnable within the same period of time.
Considering the submission made by learned counsel for the applicant, the emergent risk due to the Covid-19 pandemic, the nature and gravity of the accusation and the fact that no prima facie case is made out on the basis of the materials on record and the prosecution appears to be prima facie an abuse of process of Court, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
List this application for orders on 14.06.2021.
Meanwhile, in the event of arrest, the applicant Shivam Gupta, shall be released on interim anticipatory bail in Case Crime No.3669 of 2013, under Sections 147, 188, 332, 336, 337, 353, 427, IPC, and Section, Criminal Law Amendment Act, Police Station Kotwali Orai, District Jalaun, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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 office.
(2) The applicant will not leave India without the previous permission of the Court and if he has passport the same shall be
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 NSC