Allowed

Prem Kumar Gupta v. State of U.P.

Allahabad HC25 Jul 2022BAIL/2889/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Prem Kumar Gupta in a murder case (IPC 302/34/308). The court observed that the applicant was falsely implicated and his name appeared only in a belated second statement. Without examining the merits of the case, the court granted bail subject to standard conditions.

What did the court decide?

Order for release on bail with a personal bond and two sureties in like amount, subject to standard conditions.

Prem Kumar Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2889 of 2022

¶3

Applicant :- Prem Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Pandey,P.K. Singh,Suraj Kumar Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Pandey

¶4

Hon'ble Ajay Bhanot,J.

¶5

Rejoinder affidavit filed by the applicant is taken in the record.

¶6

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.531 of 2021 at Police Station-Bhelupur, District-Varanasi under Sections 302, 34, 308 IPC. The applicant is in jail since 06.11.2021.

¶7

The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 30.11.2021. Shri P.K.Singh, learned counsel and Shri Suraj Kumar Singh, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant was neither named as an accused in the F.I.R. or in the first statement of the informant under Section 161 Cr.P.C. The second statement of the informant belatedly introduces the name of the applicant, but does not identify him as the principal offender who inflicted the knife injuries. Similarly, the injured persons, namely, Kamlesh and Preetam Sharma

¶8

have not attributed a specific role of inflicting the sole fatal injury on the deceased. The applicant was named as an afterthought. The injured-Kamlesh and Preetam Sharma have not suffered any knife injuries. The case of the applicant is distinguishable from the principal offender-Sani Agrahari. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

¶9

Learned A.G.A. as well as Shri Arun Kumar, learned counsel holding brief of Shri Ashok Kumar Pandey, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions.

¶10

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.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant-Prem 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.

¶13

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

¶14

(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.

¶15

(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.

¶16

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 25.7.2022 Ashish Tripathi

¶18

Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.26 13:51:50 IST Reason: Location: High Court of Judicature at Allahabad

Prem Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem Kumar Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vikash @ Rahul Vs State of U.P.

Dinesh Vs State of U.P.

Devendra Singh @ Dev Vs State of U.P. and 3 Others

Vikas Rajbhar Vs State of U.P. and Another

Mansingh Vs State of U.P. and 3 Others

Lakshmi Devi @ Mami @ Sethani Vs State of U.P.