Allowed

Abhinav Kumar Gupta @ Arun Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC21 Oct 2024/11024/2024

Case brief

AI extract

What is this about?

The court allowed the bail application of Abhinav Kumar Gupta in a cheating and forgery case. Key factors included the applicant's non-naming in the FIR, implication via accomplices already granted bail, and his ailment of spinal cord.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties subject to conditions against tampering with evidence and ensuring appearance in court.

Abhinav Kumar Gupta @ Arun Kumar Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70680

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11024 of 2024

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Applicant :- Abhinav Kumar Gupta @ Arun Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Counsel for Applicant :- Ramakar Shukla,Aman Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ramakar Shukla, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned counsel for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 97 of 2023, under Sections 419, 420, 467, 468, 471, 409 I.P.C., registered at Police Station Jethwara, District Pratapgarh.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.05.2023 against the Branch Manager of Bank of Baroda, Branch Derwa, Pratapgarh stating that Rs.11,74,100/- had been withdrawn from the informant's bank account illegally in various installments. The police claimed to have arrested two persons namely Asif and Surendra Singh from Sarita Vihar, New Delhi on the basis of an information received from a mukhbir and it is alleged that in their custodial statements they confessed that they have committed the offence. They have implicated the

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applicant. Both the aforesaid co-accused persons have been granted bail by this court by means of orders dated 16.12.2023 and 30.10.2023, passed in Criminal Misc. Bail Application Nos.14873 of 2023 and 12521 of 2023 respectively.

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In the afÏdavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's criminal history of six cases has been disclosed in para 21 of the afÏdavit which appear to be of similar nature. It has further been stated in the afÏdavit that the applicant is suffering from serious ailment of spinal cord.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R.; that he has been implicated on the basis of custodial statement of two co-accused persons, who have already been granted bail by this court; that the applicant is suffering from ailments of spinal cord coupled with the fact that the applicant is languishing in jail since 15.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufÏcient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Abhinav Kumar Gupta @ Arun Kumar 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 magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 21.10.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Abhinav Kumar Gupta @ Arun Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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Abhinav Kumar Gupta @ Arun Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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