Single judge of Criminal Misc. Bail Application allowed bail to applicant Shivam Gupta in a cheating and money laundering case, noting co-accused were already released and no flight risk existed.
Allowed bail on personal bond and two sureties subject to undertaking not to tamper with evidence or witnesses and to appear on all court dates.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19636 of 2021
Applicant :- Shivam Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
In compliance of order dated 19.07.2021, I.O. along with relevant record is present in the Court. His future presence is dispensed with.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 11 of 2021, under Sections 420, 120-B IPC & 66-C I.T. Act 2008, Police Station Kheragrah, District Agra.
Learned counsel for the applicant submits that 4 persons i.e., applicant, Saurbh, Ash Mohd. Lakhan Gupta were arrested on spot, co-accused Lakhan Gupta @ Golu, Suleman and Shilpi @ Monika have been granted bail by co-ordinate Bench of this Court vide orders dated 07.04.2021, 08.04.2021 & 31.05.2021 in Criminal Misc. Bail Application Nos. 15501 of 2021, 16576 of 2021 and 17123 of 2021, therefore, the case of the applicant is at par with the co-accused enlarged on bail. There is no possibility of the applicant 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. It is next contended that there is no previous criminal history of the applicant and he is languishing in jail since 26.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused have already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Shivam Gupta involved in aforesaid case crime be released on bail on his/her
furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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.
(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.
(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 liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.8.2021 Israr
2 issues framed by the court
Whether the applicant Shivam Gupta should be granted bail in a case involving Sections 420, 120-B IPC and 66-C I.T. Act.
Whether the fairness of granting bail can be assessed given that co-accused were already released on bail in related applications.
3 provisions across 2 enactments
Shivam Gupta
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
