Allahabad High Court
Utkarsh Dhandharia vs State Of U.P. And Another on 12 October, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6890 of 2020 Applicant :- Utkarsh Dhandharia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Goel Bansal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Mrs. Rama Goel Bansal, learned counsel for the applicant, Sri Ashwani Prakash Tripathi, learned A.G.A. appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Utkarsh Dhandharia, seeking anticipatory bail, in the event of arrest in Case Crime No. 0663 of 2020, under Sections 504, 332 I.P.C., Police Station- Kotwali, District Banda.
Learned counsel for the applicant argued that the present F.I.R. has been lodged with totally false and incorrect allegation. It is argued that on the own showing in the F.I.R. no offence under Section 332 I.P.C. is made out as the first informant himself states that the applicant was staying along with some other person in a hotel and when he was summoned, he used abusive language while addressing the first informant. It is further argued that allegations are vague and false and the first information report has been lodged with malafide intentions. It is then argued while placing para-15 of the affidavit that there is no allegation of causing any injury or hurt to anyone in the alleged incident. The applicant is having no criminal antecedents as stated in para-20 of the affidavit.
Per contra, learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the arguments as raised.
After having heard learned counsel for the parties and perusing the record, it is clear that the allegations as stated in the F.I.R. are only to the extent that the applicant and other person used abusive language when they were called from the room of a hotel where they were staying and no other overt act has been assigned.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Utkarsh Dhandharia, involved in Case Crime No. 0663 of 2020, under Sections 504, 332 I.P.C., Police Station- Kotwali, District Banda, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office 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 him from disclosing such facts to the Court or to any police office;
(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 Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall 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.
(Samit Gopal,J.) Order Date :- 12.10.2020 Naresh