This court allowed a bail application filed by Golu @ Vaibhav Gupta in a case involving sections 395, 397, and 412 of the IPC. The court granted bail based on reasonable apprehension of witness tampering despite not entering into the merits of the case.
Release on bail with a personal bond and two sureties to the satisfaction of the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2558 of 2019
Applicant :- Golu @ Vaibhav Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Akshat Sinha 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. The applicant is not named in the first information report. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. The story of C.C.T.V. footage is not established by the informant side. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 21.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit 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 Golu @ Vaibhav Gupta involved in Case Crime No.852 of 2018, under Sections 395, 397, 412 I.P.C., Police Station Sadar Bazar, District Shahjahanpur 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 :- 18.2.2019
rkg
3 issues framed by the court
Whether the applicant is entitled to bail given the lack of credible evidence and prima facie satisfaction of the court regarding tampering apprehension.
Whether the applicant has a reasonable apprehension of absconding or misusing bail.
Whether the applicant's innocence and lack of criminal history support a grant of bail.
1 provisions across 1 enactments
Golu @ Vaibhav 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
