Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23557 of 2019 Applicant :- Tribhuvan Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Manta Ram Gupta,Neetu Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
By means of this application, the applicant Tribhuvan Gupta, who is involved in Case Crime No. 47 of 2019, under Section 3/7 Essential Commodities Act, P.S. Mehnagar, District Azamgarh is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that applicant was only engaged in the repair of gas burners and gas cylinders were said to have been recovered from him, whereas the accused-applicant was neither at his house nor the alleged recovery was made from his house. It was a planted recovery, whereas few materials alleged to be recovered were of his own, which were kept for doing work of repair of gas stove and rest articles were planted one. He is of no criminal antecedent. He is languishing in jail since 7.5.2019. Hence bail has been prayed for.
Learned A.G.A. has opposed the bail prayer of the applicant.
Having heard learned counsel for both sides and gone through the material placed on record and without expressing any opinion on the merits, let the applicant Tribhuvan Gupta involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.6.2019 Pcl