Allowed

Pawan Kumar Gupta v. State of U.P.

Allahabad HC15 Feb 2019BAIL/4806/2019

Case brief

AI extract

What is this about?

In this bail application under Article 21 of the Constitution and relying on Dataram Singh, the court granted interim bail to the applicant without expressing an opinion on the merits of the case.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to conditions including cooperation with the trial and deposit of Rs. 25,000 with the District Supply Officer

Pawan Kumar Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4806 of 2019

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Applicant :- Pawan Kumar Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Kamal Dev Singh Chanchal, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is further submitted that false recovery of domestic cylinders has been shown against the applicant and no independent witness is there to support the alleged recovery. There is undue delay of 2 days in lodging the report for which no plausible explanation has been given by the prosecution.The license of fair price shop of the applicant has also been cancelled. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 05.01.2019 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case, let the applicant Pawan Kumar Gupta be released on bail in Case Crime No. 368 of 2017, under Sections 3/7 Essential Commodities Act, Police Station- Balua, District- Chandauli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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(v) The applicant will deposit Rs. 25,000/- in the Office of District Supply Officer, Chandauli within a period of 15 days from his release. The amount so deposited will be refunded if the applicant is absolved of the charges.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 15.2.2019 IA

Pawan Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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