Hon'ble Pradeep Kumar Srivastava, J. allowed bail to Akash Gupta in Case Crime No. 108 of 2019 under Sections 392, 411 IPC, requiring a personal bond and two sureties subject to standard conditions.
Release on bail by furnishing a personal bond and two sureties each of the like amount.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 498 of 2020
Applicant :- Akash Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Akash Gupta with a prayer to enlarge him on bail in Case Crime No. 108 of 2019, under Sections 392, 411 I.P.C., Police Station Parsamalik, District Maharajganj.
Learned counsel for the applicant has submitted that the recovery was made from the co-accused namely Rahul Paswan who has already been released on bail by this Court, vide order dated 17.12.2019, passed in Criminal Misc. Bail Application No. 55571 of 2019, copy of which has been annexed with the supplementary affidavit filed today. The case of the present applicant is on better footing as there is no recovery relating to this case from him. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 03.10.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of
bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 9.1.2020 sailesh
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a cheating and dishonestly taking possession of movable property case.
Akash Gupta
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
