Allowed

Pintoo Gupta v. State of U.P.

Allahabad HC2 Jan 2019BAIL/48713/2018

Case brief

AI extract

What is this about?

This order grants bail to the applicant, Pintoo Gupta, falsely implicated in a death case under Sections 304 and 342 IPC, where he remained in custody without prior involvement and has no criminal history.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to conditions against tampering, pressurizing witnesses, and committing similar offences.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48713 of 2018

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Applicant :- Pintoo Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Anup Dhar Dubey,Kaushal Kishore Mani Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 31.7.2018 (after two days of incident) against three accused persons, namely Anil, Santosh and Sonu alleging that on 29.7.2018, they assaulted Vijay with lathi-danda, he received three injuries, resultantly died.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. He is the son of accused Anil due to which he has been falsely implicated. Offences levelled against the applicant are not attracted in the present case. There was no intention or knowledge to kill the deceased. There is no independent witness and no legal evidence against the applicant. After thought, the false story was developed with legal consultation due to previous enmity. He is languishing in jail since 1.8.2018 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Pintoo Gupta involved in Case Crime No. 656 of 2018, under Sections 304, 342 IPC, Police Station Cantt., District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during

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the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 2.1.2019

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A. Singh

Pintoo Gupta v. State of U.P.

Case brief

What is this about?

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Pintoo Gupta v. State of U.P.

Case brief

What is this about?

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What the court decided

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