Allowed

Ashok Kumar Gupta v. State of U.P.

Allahabad HC3 Feb 2021BAIL/34976/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to Ashok Kumar Gupta, an accused alleged in murder and dowry cases, after accepting the counsel's submission that the evidence against him was weak and no direct nexus proved the suicide resulted from his threats. Additional conditions were imposed to accelerate the trial.

What did the court decide?

Released on bail by executing a personal bond and two sureties (initially without sureties during pendency order) with strict conditions regarding court presence and trial conclusion within one year.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34976 of 2020

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Applicant :- Ashok Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Tribhuwan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Counter affidavit filed by the State today which is taken on record.

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Learned counsel for the applicant does not want to file rejoinder affidavit to the counter affidavit filed by the State.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in case crime no.356 of 2020, under Sections 306 and 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Govind Nagar, District-Kanpur Nagar is seeking enlargement on bail during the trial. The applicant is languishing in jail since 25.07.2020.

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Submission made by learned counsel for the applicant is that the FIR was got registered by one Chhotey Lal against the applicant and two other named persons under Sections 306 and 506 IPC with the allegation that the applicant's house is right infront of informant's place. The relation between them are quite sour for which an FIR was got registered by the informant as case crime no. 22 of 2020. the applicant used to extent threat for taking back the aforesaid case, else he would kidnap the handicapped child of the informant and on this threat daughter of the informant committed suicide. There is no direct nexus in extension of threat and commission of the suicide by Aarti Yadav, the deceased. The independent witness too has given different picture altogether, which would not fall within the four corners of Section 306 IPC.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant-Ashok Kumar Gupta , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/ARE PRESENT IN

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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.

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(ii) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.

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

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 :- 3.2.2021

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Abhishek Sri.

Ashok Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Gupta v. State of U.P.

Case brief

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