Criminal Misc. Bail Application allowed. The Court found it to be a fit case for bail considering overall facts, nature of allegations, gravity of offence, and parity of treatment with co-accused.
Bail allowed on personal bond with two sureties; specific conditions imposed regarding tampering with evidence and appearing in court.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26651 of 2019
Applicant :- Rahul Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Rahul Gupta in connection with Case Crime No.906 of 2018, under Sections 394, 411 I.P.C., P.S. Chakeri, District Kanpur Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that the applicant was arrested along with other co-accused and a tempo was recovered from the joint possession of the applicant and other coaccused. He further submitted that there is no public witness of the alleged recovery. He submitted that the co-accused, who have been arrested along with the applicant, have been admitted to the concession of bail by another Bench of this Court by orders both dated 01.04.2019 passed in Criminal Misc. Bail Application No.13330 of 2019 (Jeetu Kashyap) and 13340 of 2019 (Sanjeev Tiwari). He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is in jail since 12.08.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rahul Gupta involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence
of which the applicant is accused, or suspected of the commission; v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 12.7.2019 R./
2 issues framed by the court
Whether this case is a fit case for granting bail to the accused.
Whether the applicant is entitled to bail by parity of treatment with co-accused.
Rahul Gupta
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
