Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5284 of 2018 Applicant :- Sunil Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Parmeshwar Yadav, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of her prayer for bail submits that the applicant is innocent and she has been falsely implicated in the present case due to ulterior motive and she has committed no offence. The applicant is a lady and she is a social worker. The applicant has no role in Swapnbhuni India Ltd. There is nothing on record to show that the applicant was involved in this case and she holds no post in the aforesaid Company.It is next contended that co-accused Arvind Kumar having similar role to that of the applicant has been enlarged on bail by this Court on 12.3.2018, copy of which has been produced by the applicant's counsel, which is taken on record, hence the applicant is also entitled to be released on bail.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 she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 11.12.2017.
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 namely Sunil Gupta involved in Case Crime No. 229 of 2017, under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Ghughali, District Maharajganj be released on bail on her 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. She will not tamper with the witnesses.
3. She 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 IA