Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46198 of 2021 Applicant :- Varun Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Varun Kumar Gupta in Case Crime No.170 of 2021, under Sections 420 and 406 I.P.C., Police Station-New Agra, District- Agra with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the allegation is to the effect that on the assurance/advise given by the applicant, investment has been made by the first informant in PAYWAY IT SOLUTIONS PVT. LTD, company and after maturity period said amount has not been provided to the informant for which F.I.R. has been lodged against the applicant and five others related to above company. It is pointed out that similarly placed co-accused,Aman Sharma has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.43551 of 2021 vide order dated 13.12.2021. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.06.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Varun Kumar Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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 :- 21.12.2021 MN/-