Mukesh Kumar Gupta vs State Of U.P.
2019 Latest Caselaw 5674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26993 of 2019
 

 
Applicant :- Mukesh Kumar Gupta
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Imran Ullah,Mohammad Khalid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

This is a bail application on behalf of the applicant Mukesh Kumar Gupta in connection with Case Crime No.130 of 2019, under Sections 420 I.P.C. and 3/7 Essential Commodities Act, P.S. Dataganj, District Badaun.

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused, Bajruddin, who is the main accused, has been admitted to the concession of bail by this Court by order dated 01.07.2019 passed in Criminal Misc. Bail Application No.25705 of 2019. He claims parity. He submitted that the applicant is in jail since 13.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea. He submitted that the present applicant has been assigned the role of only supplying the bags. However, learned A.G.A. does not dispute the factum of parity.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Bajruddin has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Mukesh Kumar Gupta involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 8.7.2019

R./