Court granted bail to applicant Ram Kumar Gupta in a bail application challenging charges under Essential Commodities Act, allowing release on bond and sureties subject to standard conditions.
Granted bail with personal bond and two sureties each on payment to satisfaction of court.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5431 of 2019 Applicant :- Ram Kumar Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Sumati Rani Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Ms. Sumati Rani Gupta,learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Janardan Yadav, has been granted bail by another Bench of this Court on 6.2.2019 in Crl. Misc. Bail Application No. 5410 of 2019, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 26.12.2018.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
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, I find it to be a case of bail.
Let applicant Ram Kumar Gupta, be released on bail in Case Crime No.209 of 2018, under Sections 3/7 of Essential Commodities Act, 1955, Police Station- Paikauliya, District- Basti, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Order Date :- 7.2.2019
ssm
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of innocence, parity with co-accused granted bail, and lack of criminal history.
Whether bail conditions are warranted for a case under the Essential Commodities Act considering the nature of allegations.
Colour shows how this judgement treated each authority
Crl. Misc. Bail Application No. 5410 of 2019Referred¶5
1 provisions across 1 enactments
Ram Kumar Gupta
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
