Allowed

Raj Kumar Gupta v. State of U.P.

Allahabad HC7 Oct 2021BAIL/18417/2021

Case brief

AI extract

What is this about?

The applicant was convicted in a charge of cheating and criminal conspiracy. The court explained the Apex Court's dictum in Dataram Singh and granted bail after verifying sureties, subject to standard conditions to ensure attendance in trial and prevent tampering with witnesses.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each, subject to conditions of trial attendance, non-tampering with witnesses, and no illegal activities.

Raj Kumar Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18417 of 2021 Applicant :- Raj Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Supplementary Affidavit filed today is taken on record.

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Heard Mohd. Shoaib, Advocate holding brief of Sri Sameer Jai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.04 of 2020, under Sections 406, 420, 120B I.P.C., Police Station Manduadih, District Varanasi during the pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., which was lodged against the applicant and another co-accused, Prahlad Yadav to the effect that the supply of pulses was made to both the accused persons on 23.11.2019 amounting to Rs.27,34,875/- but they refused to make the payment. It is further contended that the entire allegation made in the F.I.R. is totally wrong, the applicant is not aware about such deal with the informant, in fact the co-accused, Prahlad Yadav, who was broker has conducted such deal with the informant. It is next contended that the investigation has already been completed and the charge-sheet has been submitted on 04.03.2020. The offence is triable by Magistrate. Lastly it is contended that the applicant is in jail since 07.01.2020 having criminal history of 13 cases of similar nature filed by various persons against the applicant, which has been explained in paragraph nos.04 to 08 of the supplementary affidavit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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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.

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Let the applicant, Raj Kumar Gupta involved in 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 subject to following conditions.

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Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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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.

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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.

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

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

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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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Order Date :- 7.10.2021

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S.P.

Raj Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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