Allahabad High Court
Kishan Gupta vs State Of U.P. on 6 February, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46398 of 2019 Applicant :- Kishan Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Jitendra Pal Singh,Pradeep Kumar Singh,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Kishan Gupta with a prayer to release him on bail in Case Crime No. 123 of 2019, under Sections 261, 420, 467, 468, 471 IPC, and section 60/64 of Excise Act Police Station Barkheda, District- Pilibhit, during pendency of trial.
Submission is that Food Safety and Standards Act, 2006 has been enacted by the legislature. Offence under section 60/64 of Excise Act is bailable and triable by Magistrate. False recovery has been alleged. The applicant is languishing in jail since 25.9.2019, who is not a previous convict.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.2.2020 Atul kr. sri.