Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1523 of 2020 Applicant :- Shyam Sunder Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Kumar Shukla,Ajay Kumar Pandey,Akash Deep Srivastava,Faizan Siddiqui,Kaustubh Srivastava,Naveen Kumar Yadav,Sudhir Kumar Agarwal,Uma Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over this second bail application moved by the applicant, Shyam Sunder Gupta, in Case Crime No. 1262 of 2015, under Sections-498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Khalilabad, District-Sant Kabir Nagar.
Heard Shri Satish Trivedi, learned Senior Counsel, assisted by Ajai Kumar Pandey and Faizan Siddiqui, learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned senior counsel argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 29.12.2015; trial could yet not be concluded; all five witnesses, examined before the trial Court, including the informant have not supported the case of prosecution; demand of dowry coupled with cruelty, soon before this occurrence, is not there; deceased was instantly taken to District Hospital for treatment; she was referred to B.R.D. Medical College, Gorakhpur, from where to Specialized Medical Centre, at Lucknow and the applicant was all through present and spent money for her treatment; it has written in medical papers that the deceased was brought by husband; informant too, in her cross examination, has admitted this fact that I remained present all through and tried my level best to get the deceased cured, but unfortunately, she died; first bail application was rejected with a direction for strict adherence of provisions of Section 309 of Cr.P.C., but the same has yet not been complied with; all other co-accused persons were not charge-sheeted; the offence punishable under Section 304-B is of seven years or more and six years have been suffered by the applicant in Jail; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that all witness of fact including informant have not supported the case of prosecution.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Shyam Sunder Gupta, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
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 :- 26.10.2021 Deepak/