Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34453 of 2019 Applicant :- Ashu Gupta @ Ashish Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Avinash Pandey, Advocate has filed his vakalatnama on behalf of informant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 452 of 2018, under Sections 420, 406, 504 and 506 I.P.C., P.S. Kairana, district-Shamli, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is quite innocent and he has been falsely implicated in the present case due to ulterior motive. Further submission is that the offence has allegedly taken place in the year 2016 and the first information report was lodged on 6.8.2018 against the applicant pursuant to the order passed by the Magistrate on the application moved by the informant before him under section 156(3) Cr.P.C. He also submitted that both the informant and the present accused are neighbour and they are also relatives and there was some dispute regarding money between them. He further submitted that all the offences are triable by the court of Magistrate. He further submitted that co-accused Smt. Manju Gupta having similar role, has already been granted bail by this Court vide order dated 19.08.2019 passed in Criminal Misc. Bail Application No. 33506 of 2019.
He lastly submitted that the applicant has no criminal history and he is languishing in jail since 24.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ashu Gupta @ Ashish be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 452 of 2018, under Sections 420, 406, 504 and 506 I.P.C., P.S. Kairana, district-Shamli subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.8.2019 Abhishek Singh