Court granted bail to Mr. Atul Gupta in a criminal case involving cheating and criminal breach of trust. The applicant settled with the informant and ensured cooperation. Bail was disbursed considering jail overcrowding and reformative punishment theory.
Applicant released on bail in Crime No. 1019 of 2019 on furnishing personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16284 of 2021
Applicant :- Mr. Atul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Mohiley,Shishir Tandon,Swati Agrawal Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Shashi Dhar Shukla, learned counsel on behalf of informant and supplementary affidavit filed on behalf applicant both are taken on record.
Heard Sri Shishir Tondon, learned counsel for the applicant, Sri Shashi Dhar Shukla, learned counsel on behalf of opposite party, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that pursuance of the order which has been passed by this Hon'ble court on the previous date i.e. 19.08.2021, the applicant has settled the matter with the informant and in pursuance of the settlement applicant has paid the informant as well through RTGS, which has been dully received by him, a copy of settlement has been annexed as Annexure No. SA-1 to the affidavit. In pursuance of settlement a receipt has also been issued by the informant to the applicant which has been annexed as Annexure No. SA-2 to the supplementary affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.10.2020. Criminal history of the applicant has been duly explained in paragraph no. 19 of the affidavit accompanying the bail application.
Learned counsel for the opposite party does not dispute the sanctity of the documents which has been annexed as Annexure Nos. SA-1 & 2 to the supplementary affidavit filed by the learned counsel for the applicant.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of
the case, I find it to be a case of bail.
Let applicant- Mr. Atul Gupta , be released on bail in Case Crime No. 1019 of 2019, under Sections- 420, 406 and 506 IPC, Police Station- Sector-20, District- Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 14.9.2021 Arti
3 issues framed by the court
Whether to grant bail to the applicant in light of settlement with the informant and prevailing jail overcrowding.
Whether the applicant satisfies the criteria for bail under Article 21 of the Constitution.
Whether the settlement and cooperation assurances justify release on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Suo Motu Writ Petition (c) No. 1/2020Referred¶10
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India
Mr. Atul Gupta
Vivek Kumar Singh
As recorded by the court registry
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