Allahabad High Court
Pradeep Gupta vs State Of U.P. on 1 December, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42389 of 2020 Applicant :- Pradeep Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Heard Sri Lalit Kumar Srivastava, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No.418 of 2020 at Police Station-Sikandra district Agra on 29.7.2020, under Sections 412, 34 IPC.
The bail application of the applicant was rejected by Special Judge (DD Act)/ Additional Session Judge, Court No. 3 Agra on 3.10.2020.
The applicant is in jail since 21.8.2020 pursuant to the said F.I.R.
Sri Lalit Kumar Srivastava, learned counsel for the applicant contends that the applicant is not named in the FIR. False recovery has been shown from the applicant. Co-accused, namely, Altesh and Gautam Chaudhari from whom recovery was made have been granted bail by this Court. The applicant does not have criminal history.
Learned A.G.A. has opposed the bail application.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Pradeep Gupta be released on bail in Case Crime No.418 of 2020 at Police Station-Sikandra district Agra under Sections 412, 34 IPC registered on 29.7.2020, at Police Station-Sikandra district Agra on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 1.12.2020 Nadeem Ahmad