Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4759 of 2018 Applicant :- Sanjiv Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar,Rizwan Ahamad Counsel for Opposite Party :- G.A.,Surendra Singh
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the complainant is taken on record.
Heard Sri R.Gupta, learned counsel for the applicant and Sri Surendra Singh, learned counsel for the complainant as well as Sri R.S.Parihar, learned A.G.A. appearing for the State.
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 he has committed no offence. It is next contended that dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant.It is also contended that co-accused namely Sagar Gupta and Sarika Gupta have been released on bail on 23.10.2017 and 14.11.2017 respectively by Coordinate Bench of this Court, which has been annexed as annexre-20 on pages 119 to 124 of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. 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 1.8.2017. Apart from it, the applicant has no other reported criminal history.
Learned counsel or the complainant as well as 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 Sanjiv Kumar Gupta involved in Case Crime No.641 of 2017, under Sections 419, 420, 467, 468, 469, 471, 500, 507, 120-B/34, 182, 186, 187 & 201, 193,195 I.P.C., Police Station Tundla, District Firozabad 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 :- 26.2.2018 IA