In bail application regarding Section 393 IPC offences, the single judge held it was a fit case for bail despite opposition, granting release on personal bond with two sureties.
Release on bail by executing a personal bond and furnishing two sureties.
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. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30759 of 2019 Applicant :- Mahesh Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Mahesh Gupta in connection with Case Crime No.330 of 2019, under Section 393 I.P.C., P.S. Akbarpur, District Kanpur Dehat.
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 it was alleged in the first information report that the applicant was trying to open the lock of the diggi of the vehicle and to steal the cash kept in the diggi of the vehicle. He submitted that the offence is triable by the court of Magistrate and punishable below seven years. He submitted that the applicant is languishing in jail since 22.06.2019 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 Mahesh 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 :- 11.9.2019
R./
1 issue framed by the court
Whether the applicant is entitled to bail under Section 437 CrPC considering the nature of offences and available evidence.
Mahesh Gupta
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
