Allowed

Satyam Gupta v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC23 Sept 2024/3231/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused charged with theft and cheating offences who has been in jail since August 2023, citing that the trial has not commenced, based on referenced Supreme Court jurisprudence.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with specific conditions regarding tampering with evidence and witness intimidation.

Satyam Gupta Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65887

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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3231 of 2024 Applicant :- Satyam Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Jitesh Singh @ J.K.Chaudhary,Vijayendra Prakash Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that swift desire of the complainant which was parked near Divyansh Marriage Lawn, Sitapur Road has been stolen.

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Learned counsel for the applicant submits that the applicant has been falsely implicated. False recovery of four cars have been shown from the pointing out of the applicant. There is no independent witness of the recovery. The applicant has explained his criminal history in the bail application as well as in the supplementary affidavit. The applicant is languishing in jail since 30.08.2023. It is submitted by learned counsel for the applicant that till date trial has not commenced.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the judgment of the Supreme Court passed in the case of "Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693" as well as considering the fact that offences are triable by magistrate; till date trial has not commenced; the applicant is languishing in

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jail since 30.08.2023; he has explained his criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant involved in Case Crime No. 176/2023, under Sections 379/411/413/420/473 IPC, Police Station - Vikas Nagar, District - Lucknow, 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 23.9.2024/R.C.

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

Satyam Gupta v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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Satyam Gupta v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

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