Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48927 of 2019 Applicant :- Madhav Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 17.11.2019 filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.18 of 2019, under Sections 394, 506, 411 I.P.C., Police Station Civil Line, District Etawah, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is submitted that on 16.01.2019, FIR was lodged under sections 394, 506, 411 I.P.C. against unknown person with regard to robbery of Rs.55,000/- and one golden chain. Thereafter on 13.03.2019, police apprehended two persons namely Ashish and Madhav Gupta (applicant) and from their possession Rs.1600/- has been recovered. Thereafter a separate case was registered as Case Crime No.74 of 2019, under sections 307, 332, 323, 504 and 34 I.P.C. at Police Station Civil Line, Etawah, in which the applicant has been granted bail by order dated 30.09.2019 of the coordinate Bench of this Court in Criminal Misc. Bail Application No.37272 of 2019. Criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit mentioning that in all the cases, the applicant has already been granted bail except Case Crime No.76 of 2019, under section 25 Arms Act. The applicant is languishing in jail since 13.03.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Madhav Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.11.2019 SKD