Allowed

Sani Gupta @ Saini @ Ayush v. State of U.P.

Allahabad HC7 Feb 2023BAIL/6027/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving theft and dishonesty. The court found the applicant's arguments regarding lack of evidence and fair trial considerations satisfactory without delving into the case's merits, ordering his release on personal bond and sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in a specific amount to be approved by the court below.

Sani Gupta @ Saini @ Ayush Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6027 of 2023

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Applicant :- Sani Gupta @ Saini @ Ayush Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Srivastava,Raja Kesarwani Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.87 of 2022 at Police Station Raipurwa, District-Kanpur Nagar under Sections 379, 411 I.P.C. The applicant is in jail since 31.08.2022.

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The bail application of the applicant was rejected by the learned trial court on 23.11.2022.

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The following arguments made by Shri Shubham Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned A.G.A. from the record, entitle the applicant for grant of bail:

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(1). The applicant had bonafidely hitched a ride on the offending motor vehicle when it was seized.

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(2). The applicant was not aware that the said motorcycle was a stolen one and is not liable for the same.

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(3). Rs. 120/- was planted on the applicant to frame him in the instant case to burnish the credentials of the

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police investigators.

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(4). There is no independent witness to the recovery.

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(5). The money belongs to the applicant.

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(6). Prosecution evidence does not connect the applicant with the offence.

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(7). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(8). 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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sani Gupta @ Saini @ Ayush be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the

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like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 7.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Sani Gupta @ Saini @ Ayush v. State of U.P.

Case brief

What is this about?

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Sani Gupta @ Saini @ Ayush v. State of U.P.

Case brief

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What did the court decide?

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