Allowed

Ram Vilash Gupta v. State of U.P.

Allahabad HC5 Oct 2018BAIL/11085/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a second application concerning offences under Sections 363, 366 IPC and POCSO. The court relied on Justice Dataram Singh for bail as a matter of right under Article 21, dismissing merits-based opposition.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond with two sureties in the like amount with specific conditions.

Ram Vilash Gupta Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11085 of 2018

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Applicant :- Ram Vilash Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri V.K. Singh, learned A.G.A. appearing for the State.

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This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of applicant was rejected 13.10.2017 by Hon'ble Mukhtar Ahmad, J.

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It is submitted by the learned counsel for the applicant that the bail application of the applicant has been rejected by the Sessions Judge, Basti in Case Crime No.542 of 201, under Section 363, 366 I.P.C. and Section 7/8 POCSO Act, but during the course of investigation the charge sheet has been submitted against the applicant under Sections 363, 366 I.P.C. and Section 16/17 POCSO Act, the said fact has been mentioned in para nos. 2 and 3 of the supplementary affidavit dated 3.7.2018, which is taken on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. The new ground which has been argued by learned counsel for the applicant that is that the co-accused namely Usman has been granted bail by another Bench of this Court vide order dated 13.2.2018, a copy of said order has been annexed as annexure-9 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever

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required. It has also been submitted that the applicant is languishing in jail since 9.8.2017. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant Ram Vilas Gupta , involved in Case Crime No.542 of 2017, under Section 363, 366 I.P.C. and Section 7/8 POCSO Act, Police Station Nagar, District Basti be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 5.10.2018 Dev/-

Ram Vilash Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Vilash Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

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