Court granted bail to Mukesh Gupta in charges under IPC and POCSO, subject to personal bond and two local sureties, finding no risk of fleeing or tampering.
Applicant Mukesh Gupta was released on bail upon furnishing a personal bond and two local sureties of equal amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27186 of 2022
Applicant :- Mukesh Gupta Opposite Party :- State Of U.P. And 3 Otehrs Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant, Mukesh Gupta with a prayer to enlarge him on bail in Case Crime No.26 of 2022 under Sections 363, 366-A of I.P.C. , Sections 11/12, 16/17 of Protection of Children from Sexual Offences Act and Section 3 (2) (va) of SC/ST Act, Police Station, Pathra Bazar, District Siddharth Nagar.
It is submitted that the applicant has been falsely implicated in the present case; that this is a matter of love and affection which has already culminated into wedlock between the applicant and prosecutrix. The prosecutrix in her statement under Section 161 and 164 of Cr.P.C. has supported the above version namely that she is major and she has solemnized marriage with present applicant. Learned counsel for the applicant has submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 14.5.2022, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the the decision of the Apex Court in Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant-Mukesh Gupta involved in 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 of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.9.2022 DKS
Digitally signed by DEEPAK KUMAR SRIVASTWA Date: 2022.09.30 13:35:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving accusation under Sections 363 IPC, 366-A IPC, POCSO, and SC/ST (Prevention of Atrocities) Act.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
9 provisions across 4 enactments
Mukesh Gupta
State Of U.P
Kaushal Jayendra Thaker
As recorded by the court registry
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