Bail application allowed. Applicant released on personal bond and two sureties after depositing Rs.10,000 with the informant upon specific conditions, without expressing an opinion on the case merits.
Release on bail with personal bond and two sureties subject to verifying sureties and complying with specific conditions; deposit accepted.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8261 of 2023
Applicant :- Vikash Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Anant Ram Gupta,Ram Bahadur Gupta Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; Sri Ram Adhar Ram, learned A.G.A. for the State; counsel for the informant and perused the record.
The instant bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No.0189 of 2021, under Sections 419, 420, 406 I.P.C., P.S. Kotwali Nagar, District Banda, during pendency of trial.
As per prosecution version, informant paid Rs.1 lac to named accused persons for providing job in Secretariat Department but he could not get job.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per F.I.R. applicant received Rs.50,000/- and out of Rs.50,000/-, Rs.20,000/- has been paid to the informant. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 18.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Counsel for the applicant has brought a cheque No.326671 of Rs.10,000/- in favour of informant today.
Counsel for the informant has no objection to receive the same amount and to release the applicant on bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without
expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vikas Gupta, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.4.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the pending trial.
Whether the offer of depositing an amount with the informant warrants release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶12
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Vikash Gupta
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
