This bail application was allowed by the Court. The applicant, Gopal Gupta, was arrested for offences under the IPC and Copyright Act. The Court granted bail subject to posting a bond and sureties, advising cooperation in trial and non-tampering with witnesses.
Applicant released on bail on personal bond and two sureties subject to specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28168 of 2019
Applicant :- Gopal Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 546 of 2019 under Sections 419, 420, 467, 468, 471 I.P.C. and Sections 51 & 63 of Copyright Act, P.S. Naubasta, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that the accused is the owner of the firm and he is doing his business legally. It is further submitted that he was purchasing the cement of various companies but when he did not purchase the Ultra Tech cement then this F.I.R. was falsely lodged against him. He next submitted that there is no evidence that he has mixed anything in the cement as no chemical report is being provided which could show that the cement which was being sold by the present accused was spurious or week in strength and no complaint was given by any purchaser till date. All offences are triable by the Court of Magistrate.
He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 08.06.2019 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.
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 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 Gopal Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.7.2019 Shanu
2 issues framed by the court
Whether the applicant is eligible for bail in the present bail application.
What conditions should be imposed on the applicant upon bail.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶8
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
2 provisions across 2 enactments
Gopal Gupta
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
