Allowed

Santosh Kumar Gupta v. State of U.P.

Allahabad HC9 Jul 2020BAIL/16722/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 411, 413, 414, 419, 420, 467, 468, and 471 IPC, the single judge allowed bail for the accused, who was accused of possessing stolen truck parts and falsely implicated due to enmity, citing the larger mandate of Article 21 and without expressing an opinion on merits.

What did the court decide?

Release on bail furnishing a personal bond and two sureties subject to specific conditions regarding trial cooperation and non-interference with evidence.

Santosh Kumar Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 82

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16722 of 2020

¶3

Applicant :- Santosh Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sharda Prasad Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

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

¶6

Order on Criminal Misc. Exemption Application

¶7

This exemption application is allowed.

¶8

Order on Criminal Misc. Bail Application

¶9

The instant bail application has been filed on behalf of the applicant, Santosh Kumar Gupta, with a prayer to release him on bail in Case Crime No.07 of 2020, under Sections 41, 411, 413, 414, 419, 420, 467, 468, 471 IPC, Police Station Ghoorpur, District- Allahabad, during pendency of trial.

¶10

Allegation against the applicant is that he has been found in possession of stolen truck parts. Learned counsel for the applicant has submitted that applicant is scrap dealer. The police raided his business premises and took in possession the entire goods. Recovered parts are related to another case, being Case Crime No. 302 of 2019, under Sections 395 and 397 IPC and applicant was arrested. The applicant has been falsely implicated in this case due to enmity with the informant. He has no criminal history to his credit and is in jail since 05.01.2020.

¶11

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

¶12

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

¶13

two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶14

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

¶15

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

¶16

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

¶17

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.

¶18

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.

¶19

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

¶20

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.

¶21

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶22

Order Date :- 9.7.2020 Ruchi Agrahari

¶23

Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.10 16:48:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Santosh Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santosh Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Palla Vs State of Up

Mahesh Pandit Vs State of U.P.

Kallu @ Dharmveer and Anr. Vs State of U.P.

Fajlu Vs State of U.P.

Ankur Singhal Vs State of U.P.

Ram Ratan Vs State of U.P.