Allowed

Deepak Gupta @ Ram Chandra Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC1 Apr 2024BAIL/2586/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous bail application. Relying on the principle of parity, as a co-accused with a similar role had already been granted bail, the court released the applicant on bail subject to standard conditions. The court did not express an opinion on the merits of the case.

What did the court decide?

Bail allowed on furnishing personal bond and two sureties, subject to conditions against tampering with evidence and ensuring court attendance.

Deepak Gupta @ Ram Chandra Gupta vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26622

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2586 of 2024

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Applicant :- Deepak Gupta @ Ram Chandra Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailendra Kumar Tiwari,Desh Deepak Singh,Sandeep Kumar Pal,Vikas Misra 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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Learned counsel for the applicant submits that the applicant is languishing in jail since 10.01.2024. He has explained his criminal history in the bail application.

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Learned counsel for the applicant further submits that coaccused Durga Saran Mishra who was assigned similar role has been enlarged on bail by this Court vide order dated 02.01.2023 passed in criminal misc. bail application No. 15013/2022. Learned counsel for the applicant seeks parity with the order of the co-accused.

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It is further submitted that the applicant is languishing in jail since 10.01.2024. 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 AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.

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On due consideration to the fact that co-accused Durga Saran Mishra who was assigned similar role has been enlarged on bail, coupled with the fact that the applicant is languishing in

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jail since 30.07.2021; he has explained his criminal history in the bail application 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 on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant, Deepak Gupta @ Ram Chandra Gupta, involved in Case Crime/FIR No. 381/2022, under Sections 406/420/467/468/506 IPC, Police Station - Gomti 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 :- 1.4.2024/R.C.

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

Deepak Gupta @ Ram Chandra Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

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Deepak Gupta @ Ram Chandra Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

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