Allowed

Ravi Gupta @ Abhishek Gupta v. State of U.P.

Allahabad HC11 May 2022BAIL/7320/2022

Case brief

AI extract

What is this about?

In a bail application filed in Criminal Misc. Bail No.7320 of 2022, the High Court of Judicature at Allahabad, Bench No.75, considered the arguments against false implication and the bail granted to co-accused. The court held that the applicant had made out a case for bail.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ravi Gupta @ Abhishek Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7320 of 2022

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Applicant :- Ravi Gupta @ Abhishek Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Bharat Singh, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant, namely, Ravi Gupta with a prayer to release him on bail in Case Crime No.106 of 2021, under Sections 307, 120B IPC read with Section 34 I.P.C., Police Station- Sakrauli, District- Etah during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that alleged injury nos.1, 2, 3 were simple in nature and injury nos.4 and 5 were lacerated wound and injuries were not serious in nature. He further submits that two co-accused namely, Shivam Maheshwari @ Shiva and Satyabhan @ Sattan have already been granted bail by co-ordinate Benches of this Court vide orders dated 28.1.2022 and 9.2.2022 passed in Criminal Misc. Bail Application Nos.50132 of 2021 and 3337 of 2022. He further submitted that the knife was recovered from the possession of co-accused Sattan Yadav alias Satyabhan, who has already been granted bail by this Court. The applicant is languishing in jail since 28.8.2021. The applicant has explained the criminal history of one case in paragraph no.39 of the affidavit filed in support of the bail application. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the

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learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Ravi Gupta alias Abhishek Gupta involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 influence any 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 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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 11.5.2022 SFH

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Digitally signed by SYED FAHIM HUSAIN Date: 2022.05.13 17:28:34 IST Reason: Location: High Court of Judicature at Allahabad

Ravi Gupta @ Abhishek Gupta v. State of U.P.

Case brief

What is this about?

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Ravi Gupta @ Abhishek Gupta v. State of U.P.

Case brief

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What did the court decide?

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