Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25065 of 2021 Applicant :- Abhay Gupta @ Anshu Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Sharique Ahmed with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25062 of 2021 Applicant :- Himanshu Gupta@ Shubham Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Sharique Ahmed
Hon'ble Om Prakash-VII,J.
Criminal Misc. Exemption Application is allowed.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order. Criminal Misc. Bail Application No.25065 of 2021 is being treated as a leading case.
Heard Shri Sharique Ahmad, learned counsel for the applicants as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. No specific role has been assigned to the applicants in the F.I.R.. Referring to statement of eye account witness recorded under Section 161 CrPC it is further submitted that main role for causing fatal injury to the deceased is assigned to co-accused Babu. It is further submitted that if statement of injured witness is also taken into consideration then also injury sustained by the injured was caused by co- accused Kamal. At this juncture, learned counsel for the applicants referred to contents of F.I.R., statement of witnesses recorded under Section 161 CrPC and the post mortem report and further submitted that applicants have been falsely implicated in this case being the sons of owner of the Hotel in question. Applicants have no criminal history. They are languishing in jail since 3.3.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, the learned AGA opposed the prayer for bail and submitted that though specific role has not been assigned to the applicants yet they were present on the spot. Deceased died dud to injuries sustained in the alleged incident. A prima facie case is made out against the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Abhay Gupta @ Anshu Gupta and Himanshu Gupta @ Shubham Gupta involved in Case Crime No. 17 of 2021, under Sections 302, 307, 506, 504, 34, 147, 148, 149 IPC, P.S. Collectorganj, District - Kanpur Nagar be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 7.10.2021 safi Digitally signed by OM PRAKASH Date: 2021.10.07 16:42:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad