Allahabad High Court
Sanjay Kumar Gupta vs State Of U.P. And Another on 26 September, 2019
Author: Vipin Sinha
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39375 of 2019 Applicant :- Sanjay Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhola Nath Yadav,Priyavrat Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Heard Sri Priyavrat Tripathi, learned counsel for the applicant and Kumari Meena, learned A. G. A. appearing for the State and perused the record.
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.0588 of 2017, under Sections 379, 411, IPC, Police Station Vindhyachal, District Mirzapur.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant that applicant has been falsely implicated in the present case; that the applicant was not named in the FIR and his name croup up in the statement of co-accused; that there is no recovery from the possession of the applicant and he has also got no previous criminal history; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicants are willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA appearing for the State has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Sanjay Kumar Gupta, involved in the aforesaid case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
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 them from disclosing such facts to the Court or to any police office;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019/VKG