Allowed

Mohit Gupta v. State of U.P.

Allahabad HC4 Sept 2018BAIL/28275/2018

Case brief

AI extract

What is this about?

In a bail application under Sections 364-A, 504, and 506 IPC regarding alleged kidnapping, the court granted bail to the applicant Mohit Gupta, who was accused falsely, noting the lack of FIR naming and the reformative theory of punishment. A release order and bail conditions were issued.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties and complied with conditions of cooperation and non-tampering.

Mohit Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28275 of 2018

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Applicant :- Mohit Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- G.A.,Mohammad Asif

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of the complainant is taken on record.

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Heard Sri A.K.Pandey, learned counsel for the applicant, Sri Mohammad Asif, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.

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According to the prosecution version the complainant lodged FIR against two unknown persons alleging that they have kidnapped the son of the complainant.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR and no specific role has been attributed to the applicant. The alleged victim returned back to his house on the same day of the alleged incident. The victim in his statement recorded under section 164 Cr.P.C. has not levelled any allegation against the applicant. There is no independent witness to support the prosecution version.The applicant has been arrested from his house by the police Coaccused Shiv Jeet Singh Alias Vicky Yadav having similar role to that of the applicant has already been enlarged on bail by this Court on 9.8.2018, copy of whcih has been produced by the applicant's counsel and the same is taken on record, heme the applicant is also entitled to be released on bail on the ground of parity. 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 required. It has also been submitted that the applicant is languishing in jail since 23.4.2018. The applicant has no other reported criminal antecedent.

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Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, 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, the applicant is entitled to be released on bail.

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Without expressing any opinion on the merits of the case let the applicant Mohit Gupta involved in Case Crime No. 87 of 2018, under Sections 364-A, 504, 506 I.P.C , P.S. Nazirabad, District- Kanpur Nagar 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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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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.

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Order Date :- 4.9.2018 IA

Mohit Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

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