Durgesh Gupta @ Lalla Vs State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29919 of 2022

Applicant :- Durgesh Gupta @ Lalla Opposite Party :- State of U.P. Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant has been falsely implicated with allegation of committing rape with the victim whose husband died five years prior to the said incident and this applicant came into her contact and also established physical relations on the pretext of marriage. Further submitted that the victim was major and consenting party and she had three children as per her version. The applicant was in relation with the victim with her will and on account of mutual dispute this F.I.R. has been lodged against this applicant. No any force or violence was used by this applicant. In this way, no offence is made out against the applicant. There is no criminal history against the applicant and he is in jail since 27.05.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Durgesh Gupta @ Lalla involved in Case Crime No.404 of 2022, under Sections 376, 323, 504, 506 & 406 I.P.C., Police Station Kalyanpur, District Kanpur Nagar (State vs. Durgesh Gupta @ Lalla), be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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

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Order Date :- 5.8.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.08.06 17:57:19 IST Reason: Location: High Court of Judicature at Allahabad

Durgesh Gupta @ Lalla v. State of U.P.

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Durgesh Gupta @ Lalla v. State of U.P.

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