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ITEM NO.9 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 14029/2023
(Arising out of impugned final judgment and order dated 20-07-2023 in CRMABA No. 8129/2023 passed by the High Court Of Judicature At Allahabad)
AVINASH GAUTAM Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)

Date : 19-01-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Praveen Swarup, AOR
Mr. Praveen Swarup, Adv.
Ms. Pareena Swarup, Adv.
Mr. Ameet Siingh, Adv.
Mr. Devesh Maurya, Adv.
Mr. Pratham Sethi, Adv.
Mr. Ravi Kumar, Adv.
Mr. Devesh Tripathi, Adv.

For Respondent(s) Mr. Yasharth Kant, AOR
Mr. Santosh Kumar, Adv.
Ms. Sonal Kushwah, Adv.

UPON hearing the counsel the Court made the following
O R D E R
The petitioner seeks leave to assail the order dated 20.7.2023 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Anticipatory Bail Application No. 8129/2023, whereunder his application for anticipatory bail filed under Section 438 CrPC was rejected by the High Court. The FIR No. 345 was registered with Western Commissionerate, Kanpur Nagar P.S. Govind Nagar, against the petitioner alleging commission of offences under Section(s) 376/323/506 of the Indian Penal Code. Taking note of the nature of the allegations and materials available on record, this Court on 6.11.2023, while issuing notice, granted interim protection to the Petitioner from arrest subject to his joining and co-operating with the investigation. It is submitted by the learned counsel for the respondent-State that the investigation has already been completed and the final report in terms of provisions under Section 173(2) CrPC has already been laid before the jurisdictional Court. In the said circumstances, we are inclined to dispose of this matter making the interim order, grating protection to the petitioner absolute, taking into account the undertaking made on behalf of the petitioner by the learned counsel that the petitioner would cooperate with the trial. Subject to the said condition, the order is made absolute. Ordered accordingly. We make it clear that this order will also be subject to the final outcome of pending proceedings arising out of the subject FIR. The special leave petition stands disposed of.
Pending application(s), if any, stands disposed of.

(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)