Allowed

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

Allahabad HC15 Mar 2024/853/2024

Case brief

AI extract

What is this about?

Single bench criminal miscellaneous bail application under the U.P. Gangster Act allowed. Court observed applicant released on bail in 19 other cases under the Act and no materials suggest prescriptive guilt. Bail granted on personal bond.

What did the court decide?

Released on bail by furnishing a personal bond with two sureties subject to three conditions regarding evidence tampering, trial cooperation, and no future crimes.

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

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Neutral Citation No. - 2024:AHC-LKO:23184

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 853 of 2024

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Applicant :- Rakesh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved on behalf of the applicant - Rakesh Gupta for grant of bail, in Case Crime No. 0916 of 2021, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Gomti Nagar, District Lucknow, during pendency of trial.

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Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in 19 cases mentioned in the gang chart and he has not committed any offence as claimed by the prosecution.

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It is further submitted that in all the nineteen cases mentioned in the gang chart the applicant has been released on bail by the coordinate benches of this court as well as by the sessions judge concerned and bail orders with regard to these nineteen cases have been placed on record collectively as Annexure No.12 to the bail application and apart from those nineteen cases mentioned in the gang chart, the applicant is not involved in any other criminal case. It is also submitted that identically placed co-accused persons, namely, Jainuddin Ansari and Ratan Chandra Dwivedi have been enlarged on bail by this court vide orders passed in criminal misc. bail application nos. 14058 of 2023 and 1726 of 2024 respectively.

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It is also submitted that the applicant is in jail in this matter since 10.07.2021 and only on the basis of nineteen criminal cases, the provisions of Gangster Act have been invoked against the applicant and the material which has been made the basis of

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lodging the first information report in this case is not sufficient enough to raise a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to him.

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Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act have been invoked against the applicant on the basis of nineteen cases mentioned in the gang chart, however, in the cases mentioned in the gang chart he has been released on bail by the coordinate benches of this court as well as by the sessions judge concerned and apart from the above mentioned cases, the applicant is not involved in any other criminal case. The applicant is in jail in this case since 10.07.2021. Nothing has been brought on record, which may suggest that the facility of bail granted by the coordinate benches of this court or sessions judge pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. The presence of the applicant could be secured before the trial court by placing adequate conditions/restrictions.

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Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed .

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Let the applicant- Rakesh Gupta, involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 15.3.2024

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MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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