Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22142 of 2019 Applicant :- Sharad Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Vakalatnama, filed today by Sri V.K. Pandey, Advocate, on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned private counsel, appearing for the informant as well as learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Sharad Gupta, who is involved in Case Crime No. 507 of 2017, under Sections 420, 448 I.P.C., Police Station-New Agra, District- Agra, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number; he has executed deed, after the property having been released from ceiling and he was not aware about the transaction made by power of attorney holder of his father, that too, during ceiling proceeding, more so, a civil litigation is there in between the informant and the accused-applicant regarding those transactions and this criminal case for the same cause of action has been got lodged; accused application is of no criminal antecedents of like offence and there is no likelihood of applicant tampering with evidence or fleeing from course of justice in case of release on bail. Hence bail has been prayed for.
Learned private counsel, appearing for the private counsel as well as Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute this fact that a civil suit is pending regarding same transaction for which this case of alleged fraud has been lodged.
Having heard learned counsel for both the parties and considered materials, placed on record as well as civil litigation in between the parties, with no criminal antecedent of like offence, a case for bail is made out.
Accordingly, this bail application is allowed.
Let the applicant, Sharad Gupta, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.6.2019 bgs/