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2025 DAILYLAW 113221 (ALL)

GAURAV KUMAR SHARMA v. STATE OF U.P. AND ANOTHER

ABAIL/12294/2024 · 2025-02-13

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20912 Court No. - 47 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12294 of 2024 Applicant :- Gaurav Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Trivedi,Ram Jiyawan Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Gaurav Kumar Sharma in Case Crime No. 16 of 2014, under Sections- 406, 409, 420, 467, 468, 120-B, 323, 504, 506 IPC, Police Station- Rauza, District- Shahjahanpur. Learned counsel for the applicant has contended that co-accused persons, Anuj Kumar Trivedi, Sanjay Rathour and Vishwamohan Tiwari, have been granted anticipatory bail by this Court on 25.3.2021 and19.12.2024 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7532 of 2021,11769 and 11770 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has definite apprehension that he may be arrested by the police any time. Applicant has criminal history of one case explained in paragraph-2 of the supplementary afÏdavit. Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. In the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House OfÏcer of the police station/ concerned Court with the following conditions:- (i) The applicant shall make himself available for interrogation by the police ofÏcer as and when required; (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 or to any police ofÏcer; (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 S.S.P./S.P. concerned. In default of any of the conditions, the Investigating OfÏcer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating OfÏcer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant. Order Date :- 13.2.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad