This is a bail application where the applicant, charged with sections 409, 420, 406 IPC, was granted bail on a personal bond and two sureties, despite the prosecution's objection.
Applicant to be released on bail upon execution of a personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40374 of 2018
Applicant :- Umesh Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Kumar,Ankit Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced co-accused Amar Gupta has already been admitted to bail by this Court vide order dated 14.11.2018 in Criminal Misc. Bail Application No.43190 of 2018. The applicant does not bear any criminal history and is languishing in jail since 18.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Umesh Gupta involved in Case Crime No.399 of 2018, under Sections 409, 420, 406 I.P.C., Police Station Data Ganj, District Budaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.11.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to bail under the said provisions?
Whether reasonable apprehension of tampering with witnesses exists in this case?
Umesh Gupta
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
