IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(ARISING OUT OF SLP (CRIMINAL) NO. 15608 OF 2023)

DEEPANSHU Appellant(s)
VERSUS
STATE OF U.P. & ANR. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Venkateswara Rao Anumolu, learned counsel appearing for the appellant (minor), who has approached this Court through his natural guardian. The challenge here is to the bail granted to Vipin Kumar (accused No. 1) in the FIR No. 123 of 2023.

3. When this case was last listed on 28.11.2023, notice was issued with the following order: Permission to file Special Leave Petition is granted.

Heard Mr. Venkateshwara Rao, Anumolu, learned counsel appearing for the petitioner.

Challenging the bail granted to the accused in the FIR No.123 of 2023, the counsel submits that the Court overlooked the fact that the respondent No.2 –
Vipin Kumar, who is the accused No.1 is a member of the land mafia. Moreover, the High Court erroneously felt that he will not misuse the liberty of bail. To project the threat to the informants family, the counsel submits that the informant -Ms. Poonam has gone missing after the bail order. Even while the accused was in jail, he threatened to kidnap the two minor daughters of the informant. It is next pointed out that the brother of the informant has filed a complaint on 07.11.2023 about missing of the informant-Ms. Poonam.
Issue notice, returnable in three weeks.
Dasti notice on the Standing Counsel for the State, in addition.
4. Mr. Ardhendumauli Kumar Prasad, learned counsel appearing for the State of Uttar Pradesh submits that counter affidavit has been filed and the State supports the appellant to the extent that bail was undeservingly granted to the accused under the impugned order dated 03.10.2023.

5. We have considered the submissions made by the learned counsel for the parties and also note the FIR No. 123 of 2023 being registered on 13.05.2023 at the instance of Smt. Poonam against respondent No.2 and another. No counter affidavit has been filed
by the respondent No. 2 who is represented by Mr. Umang Shankar, learned counsel.

6. As can be seen, a cryptic bail order was passed by the High Court and after bail was granted, the respondent No. 2 has taken advantage of the order to threaten the victims family for which cases have been registered against him.

7. Considering the above, the bail order dated 03.10.2023 rendered by the High Court is recalled and set aside. Vipin Kumar (respondent No. 2) is granted four weeks time to surrender himself and if he fails to do so, the Police should take him into custody.

8. With the above, the appeal stands disposed of.

9. Pending application(s), if any, shall stand closed.
………………J.
(HRISHIKESH ROY)
………………J.
(PRASHANT KUMAR MISHRA)
NEW DELHI;
JANUARY 05, 2024.

ITEM NO.39 COURT NO.6 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). 15608/2023
(Arising out of impugned judgment and order dated 03-10-2023 in CRLMSBA No. 41013/2023 passed by the High Court of Judicature at Allahabad)
DEEPANSHU Petitioner(s)
VERSUS
STATE OF U.P. & ANR. Respondent(s)
(IA No. 228077/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 228078/2023 – EXEMPTION FROM FILING O.T.)

Date : 05-01-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Venkateswara Rao Anumolu, AOR
Mr. Sunny Kumar, Adv.
Mr. Amit Kumar Bhati, Adv.
Mr. Puneet Aggarwal, Adv.
Mr. Raushan Kumar, Adv.
Mr. Atul Garg, Adv.

For Respondent(s) Mr. Rajat Singh, AOR
Mr. Jan Kalyan Das, Adv.
Mr. Sarthak Chandra, Adv.
Mr. Arun Pratap Singh Rajawat, Adv.

Mr. Nirmal S. Berchhiwal, Adv.
Mr. Umang Shankar, AOR
Mr. Ardhendumauli Kumar Prasad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The bail order dated 03.10.2023 rendered by the High Court stands recalled and set aside. The appeal stands disposed of in terms of the signed order. The respondent No. 2 Vipin Kumar is granted four weeks time to surrender himself and if he fails to do so, the Police should take him into custody.
Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)