Allahabad High Court
Praveen Gupta vs State Of U.P. on 6 October, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 13591 of 2020 Applicant :- Praveen Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Arya Suman Pandey, Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Anuj Srivastava Hon'ble Arvind Kumar Mishra-I,J.
The written submission filed by Sri Anuj Srivastava, learned counsel on behalf of the first informant is taken on record.
Heard, Sri Rajiv Lochan Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the written submission filed on behalf of the first informant.
This is second bail application. The first bail application was rejected by this Court on 10.01.2019.
As a measure of fresh ground, it has been claimed that the applicant is in jail for the last four years and the trail is not proceeding as usual. It so happened that after rejection of the first bail application, further investigation took place, at the instance of the informant, wherein nothing concrete and no credible evidence was collected, whereas the allegations have not been substantiated and no money was syphoned by the applicant. Under similar circumstance, another co-accused- Rishabh Jain has already been admitted to bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No.20975 of 2020 (Rishabh Jain vs. State of U.P.), vide order dated 09.09.2020, copy whereof has been produced by the learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 14.10.2016.
Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that in this case no worthy ground exists and the investigation is still on and it cannot be said as to what evidence will be collected and to claim that till date no worthy and credible evidence has been collected would be of no use and will be premature conclusion regarding completion of the investigation. The merit of the case has already been considered previously. Merely, because one of the co-accused has been admitted to bail would not ipso facto entitled the applicant to be admitted to bail and the law is specific on the point.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, the second bail application is allowed.
Let the applicant - Praveen Gupta involved in Case Crime No. 135 of 2016, under Sections - 406, 420, 426, 467, 468 and 120B I.P.C., Police Station - Kakadeo, District - Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The applicant shall deposit his passport before the concerned Court at the time of furnishing of bail bond and if he has no passport, he shall swear it on an affidavit within the same period and shall not leave the country without prior permission of the Court concerned.
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 :- 6.10.2020 S Rawat