Allahabad High Court
Pannalal Gupta vs State Of U.P. on 8 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:159428 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30658 of 2023 Applicant :- Pannalal Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party and perused the record.
2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 221 of 2023, under Sections 295-A, 505(2) I.P.C. and 3, 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Devgaon, District Azamgarh during the pendency of the trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant neither persuaded nor converted any individual to another faith. It is next submitted that co-accused Faiyaz, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 29238 of 2023, Faiyaz v. State of U.P., vide order dated 26.07.2023. The applicant claims parity. The applicant is in jail since 25.05.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having regard to the submissions made above and the fact that the applicant has remained confined for almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Pannalal Gupta, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 8.8.2023 SKT/-