Allowed

Pramod Gupta v. State of U.P Thru Secretary Home Govt. Up. Lknw.

Allahabad HC4 Jan 2022BAIL/49993/2021

Case brief

AI extract

What is this about?

Cell Court No. 74 allowed a bail application in a case under Sections 272, 273 IPC and 60A U.P. Excise Act, 1910. The court ruled in favor of conceivably granting bail as no adverse expert report was available and one charge was inherently bailable, imposing standard conditions.

What did the court decide?

Released on bail on personal bond and two sureties of like amount subject to specific conditions regarding witness influence, trial attendance, and order verification.

Pramod Gupta Vs State of U.P Thru Secretary Home Govt. Up. Lknw. — Corruption | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49993 of 2021

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Applicant :- Pramod Gupta Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw.

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Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed by the applicant in F.I.R./ Case Crime No. 606 of 2021, under Sections- 272, 273, 420, 467, 468, 471 IPC and Section- 60A Excise Act, Police Station Quarsi, District Aligarh, with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and is in jail since 06.06.2021.

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Learned counsel for the applicant submits that the implication of the applicant, who is about 58 years old, is based upon the statement of the co-accused-Munish Sharma in Case Crime No. 188 of 2021, under Sections 272 and 273 and Section 60A of U.P. Excise Act, 1910. He submitted that all the offences in which the applicant has been implicated are triable by Magistrate. So far as the confessional statement is concerned the same is not admissible in evidence. Further stated that in relation to the alleged recovery from the applicant there is no independent public witness and till date there is no report of expert to attract offence under Section 272 I.P.C. The report is relevant to prove that the substance which was recovered is

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noxious in nature. In this regard, on query being put to learned A.G.A., he submitted that the report is still awaited. He further submitted that the offence under Section 60A of U.P. Excise Act, 1910 is bailable. In regard to criminal history it is stated that the same has been indicated in para 24 of the affidavit filed in support of bail application. Case Crime No. 53 of 2015, under Sections 147, 148, 323, 504, 506, 342 I.P.C., Police Station-Dadon, District-Aligarh, the applicant is on bail vide order dated 17.10.2016 and after the present case the applicant has been roped in Case Crime No. 232 of 2021, under Section 2/3 of U.P. Gangster Act, Police Station-Jawan, DistrictAligarh; Case Crime No. 334 of 2021, under Section 2/3 of U.P. Gangster Act, Police Station-Khair, District-Aligarh; Case Crime No. 165 of 2021, under Sections 272, 273, 304 I.P.C. and Section 60A of U.P. Excise Act, 1910, Police Station-Lodha, District-Aligarh and Case Crime No. 188 of 2021, under Sections 272, 273, 34/420, 467, 468, 471, 304, 120B, 34, 201 I.P.C. and Section 60A of U.P. Excise Act, 1910.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the proceedings.

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Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances, period of incarceration as also the fact that till date there is no adverse report of an expert against the applicant and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Pramod Gupta be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper

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with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

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(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 4.1.2022

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Vinay/-

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Digitally signed by SAURABH LAVANIA Date: 2022.01.06 17:02:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Pramod Gupta v. State of U.P Thru Secretary Home Govt. Up. Lknw.

Case brief

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Pramod Gupta v. State of U.P Thru Secretary Home Govt. Up. Lknw.

Case brief

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