Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34266 of 2019 Applicant :- Nitesh Kumar Gupta @ Deepak Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 159 of 2018, under Sections 420, 406, 504, 506 IPC, P.S. Tilhar, District Shahjahanpur.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that there is an allegation in the FIR is that five lacs rupees were grabbed by the accused alongwith other co-accused to the false promise that he will get jewellery for the complainant but the applicant has not given any jewellery to the complainant. It is further contended that the co-accused Amit Kumar Gupta has already been enlarged on bail by another Bench of this Court. It is further contended that he is ready to pay an amount of Rs. 2 lacs to the complainant within two months after his release from jail. Offence is triable by the Magistrate. Lastly, he submitted that the applicant is languishing in jail since 6.1.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Nitesh Kumar Gupta @ Deepak Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall deposit a sum of Rs. 2 lacs through a demand draft drawn in favour of complainant before the trial Court, the trial Court shall hand over the same to the complainant.
v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
vi) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.8.2019 Mini