Allahabad High Court
Sonu Gupta vs State Of U.P. on 8 July, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27002 of 2019
Applicant :- Sonu Gupta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Adil Jamal
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Adil Jamal, learned counsel for the applicant and Mohd. Shoaib Khan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Sonu Gupta with a prayer to enlarge him on bail in Case Crime No. 207 of 2018, under Sections 120-B I.P.C., Police Station Swaroop Nagar, District-Kanpur Nagar, during the pendency of the trial.
It has argued by the learned counsel for the applicant that the applicant is not named in the first information report. The first information report has been lodged against unknown person. After completion of statutory investigation, the concerned Investigating Officer has submitted the charge-sheet under Section 376 I.P.C. against five accused persons, whereas the applicant has been charge-sheeted under Section 120-B I.P.C. It has further been argued by the learned counsel for the applicant that only role assigned to the applicant is of conspiracy. Four accused persons, namely, Hashim @ Aashim, Mufid, Shubham @ Bambam and Deepu Yadav against whom allegation of committing sexual assault upon the prosecutrix has been made, have already been enlarged on bail by the another Bench of this Court vide orders dated 10th May, 2019,24th June, 2019, 26th June, 2019 and 27th June, 2019 passed in Criminal Misc. Bail Application Nos. 18756 of 2019, 25094 of 2019, 25376 of 2019 and 25465 of 2019 respectively. The case of the present applicant is on better footing to that of the aforesaid four accused persons. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20th November, 2018. As such, the present applicant has undergone more than six months of incarceration.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(Manju Rani Chauhan, J.)
Order Date :- 8.7.2019
Sushil/-
