Single judge allowed bail application of Santosh Gupta in a criminal case involving IPC Sections 386, 504, 120B & 216. Court ordered release on personal bond and two sureties after noting applicant has no criminal history and is not the main accused.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5045 of 2021
Applicant :- Santosh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh,Yash Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State respondent.
The applicant is involved in Case Crime No.- 132 of 2020, under Sections 386, 504, 120B & 216 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Chowk, District- Varanasi.
As per the allegations made in the first information report two unknown persons had arrived at the door of the informant, who was standing at his door to feed biscuits to the dogs and they demanded ransom of Rs.5 lacs and also abused him and when he refused to give money, they threatened him of his life and at that very point of time the wife of the informant became active and dragged him inside the house and closed the door and started shouting 'police' for help.
Learned counsel for the applicant has submitted that the applicant is innocent person and has been falsely implicated in the present case, however, his name has been taken on the basis of CCTV footage and the charge against him is that he had harboured the main accused Roshan Gupta. It is also argued that there is no criminal history to the credit to the applicant, who is languishing in jail since 23rd November, 2020.
Learned Additional Government Advocate has, however, opposed the bail application but could not dispute the fact that the applicant has no criminal history to his credit and that he is not main accused in respect of the alleged incident.
Considering the nature of the offence, evidence, complicity of the accused, severity of punishment and without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant Santosh Gupta involved in the aforesaid case be released on bail on his executing a personal bond and two
sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, court below will be at liberty to cancel the bail.
It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
The concerned Court/ Authority/ Official is further directed to 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 :- 25.1.2021 Atmesh
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving Sections 386, 504, 120B IPC and related offences.
Whether the applicant's lack of criminal record and status as not being the main accused warrants bail.
Santosh Gupta
State of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
