High Court of Allahabad granted bail to Suresh Kumar Gupta in a criminal appeal under Sections 419, 420, and 406 IPC, directing the trial court to conclude the trial within six months.
Released on bail with a personal bond and two sureties; trial to be concluded within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22573 of 2021
Applicant :- Suresh Kumar Gupta Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, 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 the applicant has been falsely implicated in the present case due to malafide intention. It is next contended that no amount was recovered from the possession of the applicant and the applicant is only appointed as a peon in the alleged bank and he not involve in the bank transaction in any manner but the first informant with the collusion of concern police lodged the present first information report against the applicant whereas the liability of any embezzlement of amount only upon the bank officials and he was also an employee in the alleged bank, the said fact has been mentioned in para 8 to the affidavit filed in support of bail application. 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 24.03.20121. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
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- Suresh Kumar Gupta , be released on bail in Case Crime No. 754 of 2016, under Sections- 419, 420, 406 IPC, Police StationKhorabar, District- Gorakhpur, 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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
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 :- 7.10.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.10.08 10:25:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an accused falsely implicated in offences under Sections 419, 420, and 406 IPC.
Whether the high court of Allahabad must direct the trial court to expedite the trial process.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Suresh Kumar Gupta
State Of Uttar Pradesh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
