Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10918 of 2018 Applicant :- Ratnesh Gupta Alias Abhishekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anshu Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anshu Chaudhary, learned counsel for the applicant and Abhinav Prasad learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and has committed no offence. It is next contended that recovery of one mobile Carbon having Idea SIM and one Apple Eye Phone having Airtel SIM have been shown against the applicant. There is no public witness of the alleged recovery. It is next contended that the applicant has neither any PAYTM Account nor has any such type of Wallet and have done no transaction from any mechanism to fraud any body or any institution i.e. Myntra.Com.
It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Ritik @ Sanjoo has already been granted bail by this Court vide order dated 13.2.2018 passed in Criminal Misc. Bail Application No. 5336 of 2018, copy whereof has been annexed at Pages 55 & 56 of the affidavit, filed in support of bail application and since the case of the applicant stands on identical footing of that co- accused, hence the applicant is also entitled for bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.It has also been submitted that the applicant is languishing in jail since 10.12.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Ratnesh Gupta Alias Abhishekh involved in Case Crime No. 1 of 2017, under Sections 419,420, 467, 468, 471 I.P.C. and 66D I.T. Act, Police Station 36 Noida (Cyber Crime) District Gautam Bodh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.3.2018 Su