Allahabad High Court
Ajit Kumar Gupta @ Munna Gupta vs State Of U.P. on 2 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18572 of 2019
Applicant :- Ajit Kumar Gupta @ Munna Gupta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Rao,Sri O. P. Singh, Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The informant Mohit @ Golu in his statement has not disclosed the name of the applicant. In the statements of witnesses Raja Srivastava and Sumit Kashyap it has come that they have seen the deceased going on Scotty with co-accused Akash. Thereafter, in his second statement Raja Srivastava has disclosed the name of the applicant and has stated that co-accused Akash has took away the deceased at his house and he also took away the applicant at his house where they took intoxicated substance. He has further stated that Akash having love affairs from a gril for more than four years and the deceased has also established his illicit relation with the same girl due to which the applicant and co-accused Ashok Sahu have committed the murder of the deceased and co-accused Anubhav Jaiswal had provided car to throw the dead body of the deceased. It has further been submitted that Raja Srivastava is not eye witness of the alleged incident. In his first statement he has not disclosed this fact.There is no other direct evidence against the applicant. It is said that the applicant and co-accused Akash were arrested on 30.9.2018 they have confessed their guilt and on the pointing out of the applicant cloths of deceased was recovered from house of co-accused Akash. It has further been submitted that false recovery has been planted against the applicant. In fact, the applicant has no concern with the alleged incident. There was no motive to the applicant to commit the murder of the deceased. There is no criminal history of the applicant and is in jail since 30.9.2018.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ajit Kumar Gupta @ Munna Gupta involved in Case Crime No. 126 of 2018, under Sections 302, 201, 120-B IPC, P.S. Fazalganj, District Kanpur Nagar 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 2.5.2019
A.
