Allowed

Dev Kumar Gupta @ Puneet Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Allahabad HC16 Jan 2024BAIL/490/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused in a cheating and forgery case. The court noted that co-accused had been granted bail, the applicant was not named in the FIR, and he had been in jail since July 2023. Bail was granted subject to standard conditions.

What did the court decide?

Bail granted on furnishing personal bond and two sureties, subject to conditions not to tamper with evidence or pressurize witnesses.

Dev Kumar Gupta @ Puneet Kumar vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5848

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 490 of 2024

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Applicant :- Dev Kumar Gupta @ Puneet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amar Nath Dubey, the learned counsel for the applicant, Sri Rishikesh Verma, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.227 of 2023, under Sections 406, 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Aspur Devsara, District Pratapgarh.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.06.2023 against three persons, not including the applicant and some unknown employees of the bank alleging that Rs.18,22,000/- had been withdrawn from the informant's bank account in several transactions.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in five other cases has been disclosed in para 17 of the affidavit all of which are of similar nature and the applicant has been granted bail in three cases.

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Learned counsel for the applicant submitted that two coaccused persons Surendra Balram Dubey and Surendra Singh, have been granted bail by means of orders dated 21.12.2023 and 22.12.2023, passed by this court in Criminal Misc. Bail Application Nos.15136 of 2023 and 15307 of 2023, respectively.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. nor any specific role has been assigned to him by any witness during investigation and that the applicant has been implicated merely stating that he is also involved in commission of offence and that two co-accused persons have already been granted bail by this court and the applicant has been granted bail in three other cases of similar nature and that the applicant is languishing in jail since 06.07.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed.

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Let the applicant- Dev Kumar Gupta @ Puneet Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi,J.)

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Order Date :- 19.1.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Dev Kumar Gupta @ Puneet Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Dev Kumar Gupta @ Puneet Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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