Allowed

Prem Narayan Gupta v. State of U.P. and Another

Allahabad HC9 Jul 2020ABAIL/3953/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Prem Narayan Gupta under Section 438 Cr.P.C., noting his age of 76 and lack of antecedents without adjudicating merits. Conditional release was ordered pending police report.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000/- with two sureties each for the period pending police report under Section 173(2) Cr.P.C.

Prem Narayan Gupta Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3953 of 2020

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Applicant :- Prem Narayan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swetashwa Agarwal,Punit Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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At the very outset, learned AGA has pointed out that the applicant has approached this Court directly for anticipatory bail, without moving the same before the Court below.

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In reply, learned counsel for the applicant states that he has explained the reason for directly approaching this Court in paragraph no.6 of the affidavit.

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In view of the same, the Court proceeds to hear the matter.

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Heard Sri Swetashwa Agarwal, learned counsel for the applicant, Km. Meena, learned A.G.A. appearing for the State and perused the record. Learned counsel for the applicant states that he could not file the certified copy of the impugned F.I.R.due to COVID-19 and prays for exemption. The exemption application is allowed.

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It has been contended by the learned counsel for the applicant that the applicant is an old man aged about 76 years and has been falsely implicated in the present case with malafide intention. He further submits that the applicant is having dealership of Kerosene Oil for three outstation agencies and out of which in two outstation agencies on an inspection, the same stock was found to be correct, whereas in the third outstation agency, namely, Maudaha there was shortage of 400 litres kerosene oil was found and it is stated that the applicant himself had approached the authority concerned for getting the stock of the depot to be lifted as it was lying abundant and made certain application to the District Supply Officer, copy of which is annexed at page-55 of the affidavit filed in support of the anticipatory bail application. He has also drawn of this Court towards the document annexed at page-59 that 3400 Litres of kerosene oil which was lying abundant at the said depots. He further argued that the license of three outstation agencies of the applicant has not been suspended nor any cancellation proceedings has been initiated till date. The applicant has no

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other reported criminal antecedent, the said fact has been mentioned in paragraph no.53 of the affidavit filed in support of the anticipatory bail application.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Taking into account the fact that the applicant is an old man, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Prem Narayan Gupta involved in Case Crime No.254 of 2020, under Section 3/7 of Essential Commodities Act, Police Station Maudaha, District Hamirpur, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P./competent Court concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this

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Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P./competent Court concerned within ten days from today, who shall ensure the compliance of present order.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 9.7.2020

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Prem Narayan Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prem Narayan Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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