Allahabad High Court
Atul Gupta vs State Of U.P. on 17 March, 2023
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5928 of 2023 Applicant :- Atul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant is not involved in the offence as alleged in the F.I.R. He further submitted that nothing incriminating has been recovered from the possession of the applicant. He further submitted that the alleged recovery of 460.80 quintal rice that has been shown against the applicant, belongs to applicant himself and purchase receipt are annexed as Annexure nos. 5, 6 and 7 to the affidavit filled in support of the bail application. He further submitted that on the basis of confessional statement of driver and helper, name of the applicant has been surfaced. He further submitted that there is no independent witness of the alleged recovery. He further submitted co-accused Ravi Kumar and Shubham have been granted bail by the coordinate Bench of this Court vide orders dated 17.02.2023 and 13.02.2023 passed in Criminal Misc. Bail Application No. 7685 of 2023 and 6596 of 2023. He further submitted that criminal history of the applicant has been sufficiently explained in paragraph no. 12 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.01.2023.
Learned A.G.A. opposed the prayer for bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction, grant of bail to co-accused persons and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant Atul Gupta involved in Case Crime No. 1209 of 2022, under Section 3/7 Essential Commodities Act and under sections 420, 467, 468, 471 I.P.C., Police Station Khurja Nagar, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 17.3.2023 Bhanu