Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22611 of 2021 Applicant :- Ranjeet Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Utsav Singh,Amrendra Pratap Singh,Ravindra Prakash Srivastava,Vinay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 06 of 2021, under Sections- 419, 420, 467, 468, 471 IPC, and Section 66 (c) I.T. Act, Police Station- Kotwali, District- Basti, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present. It is further submitted that as per the FIR unknown person has done the fraudulent transaction amounting to Rs. 29,290/- from the account of the informant's wife namely Sarita Singh by misusing her Axis Bank credit card (A/c 4514570044159153). It is further contended that amount in question were transferred in the account of one Vinod bearing account no. 157467017537, Indusland Bank having branch of Kerala and later on out of the said amount Rs. 28,500/- were transferred in the account of Ms. Prachi Gupta bearing account no. 50100266714009, HDFC Bnak at Lucknow. It is further contended that the applicant was not named in the FIR and his was surfaced on the basis of informer (Mukhbir) thereafter, he was arrested. It is further contended by learned counsel for the applicant that two AADHAR cards and one PAN card has been recovered from his possession, the said recovery was alleged to have been shown on 8.6.2021, except the aforesaid recovery there is no evidence against the applicant to connect the crime. It is further contended that recovery shown from the custody of the applicant is false and fabricated for which there is no public witness. It is further contended that that aforesaid offences is triable by Magistrate-Ist Class. The applicant is in jail since 14.1.2021 having criminal history of five cases, out of them, the applicant is released on bail in four cases and the fifth case registered against the applicant under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, which is pending before the trial court, and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Ranjeet Kumar Gupta who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021/Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 10:02:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad