Allowed

Hradesh Kumar Gupta v. State of U.P.

Allahabad HC15 Dec 2020BAIL/45986/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 45986 of 2020, the Single Judge of Allahabad High Court allowed the bail application of the applicant charged under Sections 420, 467, 468, and 471 IPC, directing his release upon furnishing a personal bond and two sureties subject to specific conditions to ensure trial attendance.

What did the court decide?

The applicant Hradesh Kumar Gupta was released on bail by furnishing a personal bond and two sureties each.

Hradesh Kumar Gupta Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

¶1

Court No. - 83

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45986 of 2020

¶3

Applicant :- Hradesh Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Heard Sri Virendra Singh, learned counsel holding brief of Sri Hitesh Pachori, learned counsel for the applicant and learned AGA for the State.

¶6

A first information report was lodged against the applicant as Case Crime No.651 of 2019 at Police Station-Nawabad, District-Jhansi on 23.10.2019 under Sections 420, 467, 468 and 471 IPC.

¶7

The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.1, Jhansi on 18.09.2020.

¶8

The applicant is in jail since 21.10.2019, pursuant to the said F.I.R.

¶9

Sri Virendra Singh, learned counsel holding brief of Sri Hitesh Pachori, learned counsel for the applicant contends that the F.I.R. does not assert that the applicant has taken money from the complainant for getting his daughter admitted in the medical college. The applicant was falsely implicated in the present case. There is no independent witness of the recovery. The other co-accused have been granted bail by this Court in Criminal Misc. Bail Application No.14375 of 2020 (Manas Trivedi Vs. State of U.P.) and Criminal Misc. Bail Application No.14565 of 2020 (Karan Singh Vs. State of U.P.) rendered on 15.06.2020 and 17.06.2020 respectively. The orders granting bail are appended to the bail application.

¶10

Learned A.G.A. has opposed the bail application.

¶11

The applicant has satisfactorily explained his criminal history.

¶12

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶13

Let the applicant- Hradesh Kumar Gupta be released on bail in Case Crime No.651 of 2019 registered on 23.10.2019 at Police Station-Nawabad, District-Jhansi, under Sections 420, 467, 468 and 471 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶14

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

¶15

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶16

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶17

(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of

¶18

liberty of bail and proceed against him in accordance with law. (v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶19

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶20

(vii) 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

Order Date :- 15.12.2020 Ashish Tripathi

Hradesh Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hradesh 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikas Vs State of U.P.

Satendra Kumar Dohare Vs State of U.P.

Tekchand Vs State of U.P.

Furqan Alam Vs State of U.P.

Smt Guddan and Another Vs State of U.P. and 4 Others

Aditya Kumar Jigyasu Vs State of U.P.