Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8595 of 2019 Applicant :- Dileep Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. He has not committed any offence. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public eye witness to the incident. No forgery or cheating was ever committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. 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 criminal history and is languishing in jail since 19.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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, bail application is allowed.
Let the applicant - Dileep Kumar Gupta involved in Case Crime No. 693 of 2018, under Sections - 419, 420, 467, 468, 471 I.P.C. & 63, 65, 64 Copy right Act & 103/104 Trade Mark Act, 1989, Police Station - Sahjanwa, District - Gorakhpur 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2019 S Rawat