Allahabad High Court
Kartik Gupta vs State Of U.P. on 28 August, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173341 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36393 of 2023 Applicant :- Kartik Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Vidhu Bhushan Singh,Rudra Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.216 of 2023 under Sections- 364, 323, 504, 506 of IPC Police Station Barra District Kanpur Nagar.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. It is further submitted that the FIR was lodged against unknown person and name of the applicant was surfaced on his arrest on the next day. There is no cogent piece of evidence so as to connect the present applicant with the instant matter. Identically situated co-accused Rajat Gupta has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.35237 of 2023, vide order dated 10.8.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant has no previous criminal history as mentioned in paragraph no. 14 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 19.06.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
4. On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.
5. Considering the facts and circumstances of the case and taking into account that the accused-applicant has no criminal history and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
6. The bail application is allowed.
7. Let applicant- Kartik Gupta be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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 applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 28.8.2023 S.K.