Allahabad High Court
Pramod Gupta vs State Of U.P. on 1 August, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 6565 of 2019
Applicant :- Pramod Gupta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Kumar Mishra,Roli Agnihotri
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The contention of the learned counsel for the applicant is that prosecution story set forth in the FIR is highly improbable as it is alleged that the applicant along with other co-accused came to the gas godown four times and offence is continued for a period of four hours. The recovery is alleged to be made at a distance of 25 kms away from the place of occurrence. It is thus contended that between the place of occurrence and place of recovery there is a police check post in the village Bilgram and Dial-100 police cab is present on the way and it is not possible to cover so much distance four times within four hours. Learned counsel for the applicant further contended that alleged gas agency belongs to one Subhash Pal who was contesting the election from local seat for MLA from one particular party to which the accused-applicant always supported him openly. However, this time he supported the candidate of other party and that is why at his behest, he is falsely implicated in this case. The applicant is in jail since 03.06.2019. It is also submitted that the alleged recovery is false to which there is no public witness. No test identification parade has been conducted by the police. The procedure under Section 100 Cr.P.C. has not been followed. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.
Let the applicant Pramod Gupta involved in Case Crime No. 185 of 2019, under Sections 395, 412 IPC., Police Station- Sursa, District- Hardoi 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 1.8.2019
Vikram/-
