The High Court allowed the bail application of Rahul Gupta in a criminal case under Sections 308, 504, 506 IPC, noting vague FIR role, lack of connection to offence, and trial delays, without commenting on merits.
Release on bail by personal bond and two sureties on conditions regarding tampering and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2758 of 2023
Applicant :- Rahul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 277 of 2019 at Police Station-Jaithra, District-Etah under Sections 308, 504, 506 IPC. The applicant is in jail since 20.10.2019.
The bail application of the applicant was rejected by the learned trial court on 14.12.2022.
The following arguments made by Shri Krishna Kanhaiya Soni, learned counsel holding brief of Sri Vinod Kant Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:
(1). A vague and general role has been assigned to the applicant in the F.I.R.
(2). The applicant has not been identified as a principal offender who inflicted the grievous injury.
(3). Prosecution evidence does not connect the applicant with the offence.
(4). The trial is moving at a snail's pace and is not likely
to conclude anytime in the near future. Inordinate delay in concluding the trial had led to virtually an indefinite imprisonment of the applicant.
(5). The applicant does not have any criminal history apart from this case.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rahul Gupta be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 20.1.2023 Kirti
Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant be entitled to bail in the present case.
Rahul Gupta
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
