Sunil Gupta v. State of U.P. Thru. Prin. Secy. Home Lucknow
Case brief
What is this about?
Allahabad High Court, Lucknow Bench — CRIMINAL MISC. BAIL APPLICATION No. 9668 of 2024, decided 10.09.2024 by Karunesh Singh Pawar, J. (Neutral Citation 2024:AHC-LKO:62376). Bail granted to Sunil Gupta in Case Crime No.160 of 2024 (Sections 394, 411 I.P.C.; Section 4/25 Arms Act), P.S. Gangaghat, District Unnao. Grounds: custody since 31.04.2024, no criminal history, charge-sheet filed, no independent witness to the alleged recovery; decided without expressing opinion on merits. Conditions imposed include personal bond with two sureties, non-tampering, non-intimidation, no inducement, undertaking against adjournments, attendance at trial, with reference to Sections 229-A and 174-A I.P.C. and Section 82 Cr.P.C.
What did the court decide?
Applicant Sunil Gupta to be released on bail in the aforesaid case crime number subject to furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, with conditions (i)-(vi): not tampering with evidence; not pressurising/intimidating prosecution witnesses; no inducement, threat or promise to any person acquainted with the facts; undertaking not to seek adjournments on dates fixed for evidence when witnesses are present (default treatable as abuse of liberty of bail); presence before the trial court on each date fixed personally or through counsel (absence may invite action under Section 229-A I.P.C.); and upon misuse of bail liberty and issuance of proclamation under Section 82 Cr.P.C. followed by non-appearance, proceedings under Section 174-A I.P.C.