Allowed

Shambhu Gupta v. State of U.P.

Allahabad HC5 Jul 2019BAIL/13307/2019

Case brief

AI extract

What is this about?

This court allowed a third bail application filed by the applicant, Shambhu Gupta, arrested in an allegedabet/culpable homicide case involving a dying declaration. The court found a prima facie case for bail, released the applicant on bond and sureties, and directed the trial court to decide the merits expeditiously.

What did the court decide?

The applicant was released on personal bond and two sureties on conditions of non-interference with witnesses and appearing before the trial court.

Shambhu Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13307 of 2019

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Applicant :- Shambhu Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Vishwanath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Applicant has moved the present third bail application seeking bail in ST No.522 of 2014 arising out of Case Crime No.129 of 2012 u/s 498A, 304B/302 IPC PS Pipraich District Gorakhpur. The first bail application was rejected by this Court vide order dated 6.1.2014 while the second bail application was rejected by this Court vide order dated 15.2.2019 for want of prosecution.

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The third bail application has been pressed solely on the ground of detention that the application is in jail since 23.6.2012 with no criminal history.

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Learned AGA has strongly opposed the bail application of the applicant with the contention that there is dying declaration on record which is at page 24 of the third bail application which has been duly perused by this Court.

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Learned counsel for the applicant has submitted that there is doubt about the veracity of the dying declaration. It is not clear from the dying declaration that before whom the same was recorded.

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In view of the aforesaid facts and circumstances and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22 , without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Shambhu Gupta involved in the aforesaid case crime number 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 with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission,

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of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702,, if there is no legal impediment.

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It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.

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Order Date :- 5.7.2019 SP

Shambhu Gupta v. State of U.P.

Case brief

What is this about?

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Shambhu Gupta v. State of U.P.

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