Hon'ble Arvind Kumar Mishra allowed the bail application of Daudayal Gupta, an aged heart patient, under the Excise Act and IPC, relieved of incarceration since December 2018 in Case Crime No. 0410 of 2018.
Applicant released on bail on executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1412 of 2019
Applicant :- Daudayal Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Akanksha Gaur Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent public witness. Applicant is the old man and heart patient and aged about 64 years. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.15 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 5.12.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this
bail application is allowed.
Let the applicant- Daudayal Gupta- involved in case crime no.0410 of 2018, under Sections 60, 63, 72 Excise Act read with Section 419, 420, 467, 468 IPC, Police Station Gaadhi Park, district Aligarh 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 :- 10.1.2019
Raj
2 issues framed by the court
Whether the bail application of the applicant should be allowed considering his age and health.
Whether the prima facie case and risk of tampering with witnesses affect the discretion on bail.
2 provisions across 2 enactments
Daudayal Gupta
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
