Allowed

Ashish Gupta v. State of U.P.

Allahabad HC17 Feb 2021BAIL/4436/2021

Case brief

AI extract

What is this about?

This judgment grants bail to Ashish Gupta in a criminal case involving charges of forgery and cheating. The court imposes standard conditions including furnishing bail bonds, refraining from tampering with evidence, and appearing at trial dates.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions regarding tampering with evidence, adjournments, attendance, and potential invocation of proclamation under Section 82 Cr.P.C.

Ashish Gupta Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4436 of 2021

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Applicant : Ashish Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.824 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Chhibramau, District Kannauj.

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Learned counsel for the applicant submits that applicant is a shop owner and it is alleged that 44 forged Aadhar cards, 2802 sims, a thumb machine, a swipe machine etc. were recovered from his possession. He further submits that Aadhar cards cannot be used without thumb impression. He next submits that the alleged sims were not used for transaction of money. He further submits that co-accused Rajeev Gupta and Pawan Sharma have already been granted bail by a co-ordinate Bench of this Court in criminal misc. bail application no.5333 of 2021, vide order dated 29.1.2021. He further submits that applicant has been falsely implicated in this case. 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, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 16.12.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Ashish Gupta involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction

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of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he 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.

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(iii) 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.

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(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) 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.

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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 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.

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Order Date :- 17.2.2021 m.a.

Ashish Gupta v. State of U.P.

Case brief

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Ashish Gupta v. State of U.P.

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