Allowed

Rakesh Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC26 Jul 2024/5970/2024

Case brief

AI extract

What is this about?

Bail application allowed for accused Rakesh Gupta accused of bank robbery involving theft and mischief. Court applied stringent conditions including stay on adjournments and provisions for summons under CrPC and IPC.

What did the court decide?

Applicant released on bail with personal bond and two sureties furnishing an undertaking to abide by specified conditions including prohibition on tampering with evidence or witnesses and undertaking

Rakesh Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51048

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5970 of 2024

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Applicant :- Rakesh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Utkarsh Misra,Abhishek Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the prosecution case that on 2.2.2024 at about 11.50a.m., one unknown person entered into the bank and went inside the cash cabin and threatened Shweta Gaud with the help of sickle and looted Rs.8,54,000/-. An alarm was raised by the bank employees, however, he was successful in fleeing out.

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3. Learned counsel for the applicant submits that no hurt has been caused as per admitted case of the prosecution and therefore, section 394 I.P.C. is not made out. No test identification parade has been conducted. As per recovery memo, the applicant has been arrested on 2.2.2024 at about 2220 hours, however, from the CCTV footage which is on record, it comes out that the applicant has been arrested from his house at 1713 hours.

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He further submits that according to first information report, the incident has been committed in U.P. Gramin Bank Branch, Pant Nagar, P.S. Kotwali, Gonda, however, from the recovery shown from the applicant, the alleged currency is of HDFC Currency Chest, Lucknow. The offence is triable by Magistrate. The applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 2.2.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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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4. 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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5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, ingredients of Section 394 I.P.C. are missing, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Rakesh Gupta, involved in Case Crime No.63 of 2024 under sections 394, 411 I.PC., P.S. Kotwali Nagar, District Gonda 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

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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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7. The application is allowed accordingly.

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Order Date :- 26.7.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

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Rakesh Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

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