Allowed

Nilesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko.

Allahabad HC21 Mar 2023/3860/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application, holding that the applicant, having no criminal history and no prior arrests, is entitled to bail in a suicide case registered under Sections 306, 504, and 506 IPC.

What did the court decide?

Enlargement of the applicant on bail in Crime No. 531 of 2020 on personal bond and two sureties subject to conditions.

Nilesh Gupta Vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3860 of 2023

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Applicant :- Nilesh Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko.

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Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Gulam Mustafa, learned counsel for the applicant, Mr. Manish Kumar Pandey, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 531 of 2020, under Sections 306, 504, 506 I.P.C., registered at Police Station Ghazipur, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.09.2020 alleging that the informant's daughter had committed suicide due to harassment made by the accused persons.

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A copy of the suicide note written by the deceased has been annexed with the affidavit, which mentions that the accused persons had taken some money from the deceased which they did not return. The deceased had taken the aforesaid money from several persons and those persons were putting pressure on her to return the money which she was unable to do and this was the only reason for her suicide after being unable to tolerate the pressure being put by those persons.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case, he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 14.12.2022 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Nilesh Gupta be released on bail in Case Crime No. 531 of 2020, under Sections 306, 504, 506 I.P.C., registered at Police Station Ghazipur, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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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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(Subhash Vidyarthi, J.)

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Order Date :- 21.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Nilesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko.

Case brief

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Nilesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko.

Case brief

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