Court granted bail to Ankit Gupta in Case Crime No. 218 of 2018 involving explosive offences, relying on Apex Court dictum to uphold his right to liberty under Article 21 without deciding the merits of the charges.
Applicant released on bail on personal bond of Rs. 1 Lac plus two sureties of Rs. 1 Lac each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25548 of 2018
Applicant :- Ankit Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant has no concern with alleged incident he has been falsely implicated in the present case. It is further submitted that nothing has been recovered from the possession of the applicant, a false recovery of six sutali Bombs which has been shown from the possession of the applicant, is planted. It is also submitted that the criminal history of the applicant has properly been explained in para 8 to the affidavit filed in support of 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. Further submission is that applicant who is lady in jail since 29.03.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
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.
Let applicant Ankit Gupta be released on bail in Case Crime No. 218 of 2018, under Section 3/4 Explosive Act, Police Station- Naubasta, District- Kanpur Nagar on furnishing a personal bond (Rs. One Lac) and two sureties (One should be of a family membr) each in the like amount to the satisfaction
of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.8.2018 Arti
2 issues framed by the court
Whether bail should be granted to the applicant in the co-explosion case.
Whether the applicant's claim of false implication and lack of escape risk warrants relief.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Relied on¶9
(2018) 3 SCC 22 · Who else cites this
Ankit Gupta
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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