Application for bail allowed. Bench found merit in applicant's submissions without adjudicating merits of the criminal case, granting bail subject to standard conditions.
Applicant released on bail on furnishing personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2710 of 2022
Applicant :- Sheel Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Dipak Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.601 of 2021 at Police Station-Kalyanpur, District-Kanpur Nagar under Sections 420, 467, 468, 471, 120-B, 472, 473, 474 IPC. The applicant is in jail since 04.08.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.13, Kanpur Nagar on 02.11.2021.
Shri Dipak Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lawyer. The applicant had no reason to disbelieve the representations and the documents submitted by the sureties in support of their identity. The applicant did not forge any documents. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. Learned counsel for the applicant claims
congruency in role and seeks parity in relief granted to the co-accused-Santosh Singh, who has been granted bail by this Court on 17.12.2021 in Criminal Misc. Bail Application No.44905 of 2021. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Paritosh Kumar Malviya, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Sheel 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 subject to following conditions.
during the trial.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.4.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.12 09:45:49 IST Reason: Location: High Court of Judicature at Allahabad
Sheel Kumar Gupta
Ashish Nayan Tripathi
As recorded by the court registry
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