This court allowed an anticipatory bail application filed by Jiut Prasad Gupta in a cheating case. The court relied upon the principles in Dataram Singh for a non-meritis assessment and granted bail subject to conditions regarding tampering with evidence and appearing in court.
Release of applicant on bail by furnishing a personal bond and two sureties.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34425 of 2022
Applicant :- Jiut Prasad Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 110 of 2018, under Sections 419, 420, 506 of IPC, Police Station Kotwali, District Ghazipur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is submitted that the allegation against the applicant is that he received a sum of Rs.2,50,000/- from the complainant. On giving information to the informant for execution of the sale deed, he requested that time of 2-3 days be given to him the sale deed be executed in his presence but in the absence of informant, the applicant got executed the sale deed showing the name of the informant but applicant pasted his photo upon the sale deed. On the basis of sale deed, the name of the informant was mutated in the revenue record. The applicant provided the copy of the sale deed wherein photograph of the informant was pasted on the sale deed and on the basis of the sale deed informant is living in house in question. It is further submitted that the applicant has filed Original Suit No. 79 of 2013 against the informant and the person who hold the land adjacent to the informant. The first information report has been lodged after 13 years of the sale deed. It is further submitted that an amount of Rs.2,50,000/- has been received by the applicant from the informant to arrange the marriage of his daughter. It is further submitted that civil proceedings between applicant and informant is pending since 2013 about the disputed land. It is further submitted that applicant is languishing in jail since 16.07.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has
opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on 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.
Let the applicant Jiut Prasad Gupta in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 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 an application before this Court seeking cancellation of the bail.
Order Date :- 15.9.2022 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.17 16:10:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail without expressing an opinion on the merits of the charges.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and AnotherReferred¶10
Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 · Who else cites this
Jiut Prasad Gupta
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
