Allowed

Pradeep Gupta v. State of U.P.

Allahabad HC5 Dec 2022BAIL/37681/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Pradeep Gupta accused of cheating and forgery related to illegal manufacturing of gutkha. Relying on established precedents, the court held that the applicant has made out a case for bail subject to furnishing a personal bond, two sureties, and complying with specific conditions regarding trial cooperation and avoidance of criminal activity.

What did the court decide?

Release on bail upon furnishing personal bond and two sureties in like amount, verified before issuing the order.

Pradeep Gupta Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37681 of 2022

¶3

Applicant :- Pradeep Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

Counter affidavit filed by learned AGA today, is taken on record.

¶6

Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Nishant Mishra, learned counsel for the applicant, Sri Rishi Chadda, learned A.G.A.-II for the State and perused the record.

¶7

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 286 of 2022, registered under Sections 420, 467, 468, 471, 272, 273 IPC, Police Station Sumerpur, District Hamirpur during pendency of the trial.

¶8

It is alleged in the F.I.R. complainant after receiving information from co-accused person raided the house of accused person and from them have received several machine.

¶9

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that the applicant has a firm duly registered in name of M/s Shri Enterprises engaged in business. Applicant's firm is registered in Control Board of Excise and Customs which is clear from G.S.T. Certificate. Applicant run the business in proprietorship of Shri Enterprises and having valid licensee to do the said business. Applicant is dully authorized manufacturing of the betel nut tobacco and the instant criminal prosecution is malicious. He further submitted that seven co-accused persons filed Criminal Misc Writ Petition No. 10307 of 2022 for quashing of the F.I.R.. Vide order dated 11.08.2022 Division Bench granted interim protection to them. Co-accused Ashish Gupta has already been granted bail by coordinate Bench of this Court vide order dated 01.12.2022 passed in Criminal Misc. Bail Application No. 37786 of 2022. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. He next submitted that co-accused Mahesh Kumar Gupta has also

¶10

been granted bail by co-ordinate Bench of this court by order dated 11.11.2022. There is no recovery of Gutkha Machine from the premises of the applicant. The applicant is languishing in jail since 17.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶11

Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the applicant firm is involved in illegal manufacturing of Gutkha and applicant is proprietor of the firm, should not been granted bail. He further submitted that C.B.C.I.D. is investigating the matter and evidence has yet to come.

¶12

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶13

Let the applicant, Pradeep Gupta , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶14

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 5.12.2022 Sanjeet

¶19

Digitally signed by SANJEET KUMAR YADAV Date: 2022.12.06 16:39:13 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pradeep 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradeep Agarwal Vs State of U.P.

Alok Kumar Vishwkarama Vs State of U.P.

Sandeep Singh Vs State of U.P and 3 Others

Laxman Sharma Vs State of U.P.

Zeeshan Vs State of U.P.and 3 Others

Naresh Mandal Vs Union of India