Allowed

Sunil Gupta v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC10 Sept 2024BAIL/9668/2024

Case brief

AI extract

What is this about?

Bail application under Sections 394, 411 IPC and 4/25 Arms Act; applicant in jail since arrest, no criminal history, charge-sheet filed, no independent witness to recovery. Bail granted subject to standard conditions including non-tampering and presence before trial court.

What did the court decide?

Applicant released on bail on furnishing personal bond and two reliable sureties, subject to conditions.

Sunil Gupta vs State of U.P. Thru. Prin. Secy. Home Lucknow — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62376

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9668 of 2024

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Applicant :- Sunil Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Smriti 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 and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.160 of 2024, under Sections 394, 411 I.P.C. and Section 4/25 Arms Act, P.S. Gangaghat, District Unnao.

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Learned counsel for applicant submits that applicant is the owner of the rickshaw. Applicant is not named in the first information report however, he has falsely been implicated in this case. The alleged recovered articles have been falsely shown to be recovered from the applicant. There is no independent witness to the alleged recovery. Applicant is in jail since 31.04.2024 having no criminal history. The charge-sheet has been filed.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 31.04.2024 having no criminal history, charge-sheet has been filed and the fact that there is no independent witness to the alleged recovery, without expressing any opinion on merits

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of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Sunil Gupta be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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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

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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 :- 10.9.2024 Saurabh Yadav/-

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

Sunil Gupta v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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Sunil Gupta v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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