The Allahabad High Court rejected a bail application filed by an accused working as a Junior Engineer under the Prevention of Corruption Act. The court found the applicant failed to surrender after parole and following a dismissed 482 application, leading to rejection.
Bail application rejected; applicant-accused not entitled to be enlarged on bail.
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Neutral Citation No. - 2023:AHC:228157
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35889 of 2023
Applicant :- Gagan Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
electricity and said Pradeep Kumar is cousin of the de-facto complainant. Similarly, on 14.08.2021 on the complaint of applicant-accused, a first information report was lodged against the de-facto complainant regarding theft of electricity. The applicantaccused has been falsely implicated due to those cases. It was submitted that the de-facto complainant, who is working as Lekhpal, has connived with higher officials and a false incident of trap was shown. It is further submitted that during covid-19 period applicant-accused was granted parole for 60 days and that after expiry of the same, the applicant availed his legal remedies and also filed an application for anticipatory bail, which was dismissed by this Court as there was no coercive process against the applicant. It was stated that applicant has no knowledge about the issuance of non bailable warrants by the trial court, hence, he could not appear before the court concerned. Lastly, it was submitted that applicant-accused is languishing in jail since 31.07.2023, having no criminal history and that no charges have been framed so far. It was submitted that in case, the applicantaccused is released on bail, he will not misuse the liberty of bail and co-operate in the trial.
Section 482 Cr.P.C. No.40327 of 2022, which was dismissed by this court vide order dated 21.02.2023 and the applicant was provided liberty to surrender before the trial court and to apply for bail but the applicant did not surrender. The trial court has repeatedly issued non-bailable warrants against the applicant but he did not appear and after several months applicant has surrendered before the trial court.
Order Date :- 2.12.2023 Neeraj
Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant accused is entitled to bail despite allegations of conduct that hindered trial proceedings.
Whether the conduct of the applicant after parole and dismissal of an earlier 482 application precludes bail.
2 provisions across 2 enactments
Gagan Kumar Gupta
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
