Ravi Kumar Gupta Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9289 of 2020

Applicant :- Ravi Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Kunal Shah,Awadhesh Kumar Pandey,Suvansit Kumar Jaiswal

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Siddharth,J.

¶6

Heard learned counsel for the applicant and learned AGA, through Video Conferencing.

¶7

Order on Criminal Misc. Exemption Application

¶8

This exemption application is allowed.

¶9

Order on Criminal Misc. Anticipatory Bail Application

¶10

The instant anticipatory bail application has been filed on behalf of the applicant, Ravi Kumar Gupta, with a prayer to release him on bail in Case Crime No. 628 of 2020, under Sections 153-A,295-A I.P.C., and section 67 of the Information Technology Act,2000 Police Station- Jalalabad, DistrictShahjahanpur, during pendency of trial.

¶11

Prior notice of this bail application was served in the ofÏce of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

¶12

The allegation against the applicant is that he posted controversial post on the social media against Prime Minister,Home Minister and other dignitaries.Learned counsel for the applicant has submitted that he only shared the post which was received by him. He has not authored any objectionable post. Applicant has definite

¶13

apprehension of his arrest by the police.

¶14

Learned A.G.A. has opposed the prayer of applicant for grant of anticipatory bail.

¶15

Hence in case of his arrest the applicant is directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶16

Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

¶17

The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

¶18

The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

¶19

That 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 ofÏcer;

¶20

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶21

In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

¶22

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶23

The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

¶24

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

¶25

(9) Applicant will not use the social media for the period of two years or the conclusion of trial, whichever is earlier.

¶26

Order Date :- 16.12.2020 Atul kr. sri.

¶27

Digitally signed by JUSTICE SIDDHARTH Date: 2020.12.16 18:25:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ravi Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rauf Haji @ Mohd. Raoof Vs State of U.P.

Smt. Reeta Balwani Vs State of U.P.

Raj Bahadur and 3 Others Vs State of U.P. and Another

Suleman Vs State of U.P.

Puran and Another Vs State of U.P.

Vikas Kumar Vs State of U.P.