Allowed

Mithun Gupta v. State of Up

Allahabad HC7 Jul 2020BAIL/13173/2020

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a criminal case involving Sections 394, 308, 323, and 506 IPC. Bail was approved with personal bond and sureties subject to specific conditions, including cooperation in the trial and non-interference with witnesses, while acknowledging potential delays due to the pandemic.

What did the court decide?

Release on bail with personal bond and two sureties upon restoration of normal court functioning, subject to specified conditions.

Mithun Gupta Vs State of Up — Bail and Remand | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13173 of 2020

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Applicant :- Mithun Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Mithun Gupta, with a prayer to release him on bail in Case Crime No. 16 of 2020, under Sections 394, 308, 323, 506, IPC, Police Station Izzatnagar, DistrictBareilly, during pendency of trial.

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There is specific allegation against the applicant of committing the alleged offence. Learned counsel for the applicant has submitted that FIR has been lodged by the informant, but the informant is not eye-witness of the incident. In the statement of the injured under Section 161 Cr.P.C. recorded by the Investigating Officer, he has assigned general role to all four accused persons, including the applicant. There is only one head injury suffered by the injured on his head. It cannot be said at this stage, who caused the aforesaid injury. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is in jail since 09.01.2020. In view of the epidemic of Covid-19, the trial in the aforesaid case is not likely to be concluded in near future.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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The concerned Court/Authority/Official shall verify the authenticity of such 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.7.2020 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.07 17:40:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mithun Gupta v. State of Up

Case brief

What is this about?

What did the court decide?

Mithun Gupta v. State of Up

Case brief

What is this about?

What did the court decide?

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