Allowed

Ashish Gupta @ Manjha v. State of U.P.

Allahabad HC5 Apr 2023BAIL/13923/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to Ashish Gupta, who had been incarcerated for over two and a half years in a case involving theft, snatching, and computer fraud, releasing him on personal bond and sureties without expressing an opinion on the merits.

What did the court decide?

Applicant Ashish Gupta released on bail by furnishing a personal bond and two sureties each in the like amount.

Ashish Gupta @ Manjha Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13923 of 2023

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Applicant :- Ashish Gupta @ Manjha Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Santosh Kumar Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 27 of 2020, under Sections 356, 380, 411, 419, 420, 34 IPC and 66 (C) IT Act, Police StationG.R.P., District- Lalitpur, during pendency of the trial in the court below.

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FIR of the present case was lodged against unknown person and according to the FIR, while informant was slipping in the berth of a train, her purse was snatched by some unknown person and in the purse, some important documents were kept including Rs. 30,000/-.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and after about 15 days on 9.11.2020, he was apprehended and it is alleged that from the possession of applicant, number of stolen articles were recovered including mobile phone of the informant of the present case but entire recovery is totally false and baseless and in fact nothing incriminating was recovered from the possession of applicant. He further submitted that applicant is having criminal history of more than 50 cases and therefore, he has been implicated by the police in the present matter only with intention to solve the present case. He further submitted that he has explained the criminal history of the applicant in paragraph no. 15 to the affidavit and in the present matter, he is in jail since 9.11.2020 i.e. for last about more than two years.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant is having criminal history of about 53 cases and from his possession stolen mobile of the informant was also

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recovered but could not dispute the fact that applicant, in the present matter, is in jail since 9.11.2020 i.e. for last about more than two years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, it appears that after about 15 days from the alleged crime, applicant was apprehended and from his possession number of stolen articles were recovered including mobile phone of the informant of the present case and applicant is having criminal history of about 53 cases but in the present matter, he is in jail since 9.11.2020 i.e. for last about two and half years, therefore, considering the long incarceration of the applicant, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ashish Gupta @ Manjha be released on bail in the aforesaid case 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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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 5.4.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ashish Gupta @ Manjha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish Gupta @ Manjha v. State of U.P.

Case brief

What is this about?

What did the court decide?

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