Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15809 of 2021 Applicant :- Avaneesh Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed with a prayer to grant bail to the applicant, Avaneesh Gupta, in Case Crime No.505 of 2020, under Section- 392 I.P.C., Police Station- Gursahay Ganj, District- Kannauj.
Submission of learned counsel for the applicant is that applicant is not named in the first information report. He has been falsely implicated in this case. There is no direct or circumstantial evidence against the applicant. He has further submitted that applicant was allegedly arrested with co-accused on the information of Mukhbirkhas on 2.2.2021, under Section 3/25 of Arms Act. It has been further submitted that allegedly looted money of Rs.15,000/- has been recovered from the possession of applicant after 60 days of alleged incident, in fact nothing has been recovered from the possession of the applicant. There is no independent witness of the alleged recovery. He has further submitted that no case was pending against the applicant before this incident. The applicant has been falsely implicated by the complainant just to make pressure on the applicant. The offence under Section 392 I.P.C. is not made out against the applicant. He has further submitted that there are no chances of applicant's fleeing from the judicial process or tampering with the prosecution evidence and in case the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 3.2.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail, but did not dispute the above facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, without commenting on merits of the case and considering the rival submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant, Avaneesh Gupta, involved in the aforesaid case 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:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 31.5.2021 Anil K. Sharma