Allahabad High Court
Krishna Kumar Gupta vs State Of U.P. on 4 August, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32536 of 2022
Applicant :- Krishna Kumar Gupta
Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Krishna Kumar Gupta, with a prayer to release him on bail in Case Crime No.1477 of 2017, under Sections 147, 419, 420, 467, 468, 406, 504, 506, 379 IPC, Police Station Dhoomanganj, District- Prayagraj, during pendency of trial.
There is allegation in the FIR that applicant alongwith Asha Gupta and Aditya Gupta, have sold the part of land of Arazi no.771 area 0.0400 hectare situated in Mauza Kasari Masari, Tehsil Sadar, District Allahabad, to the informant, but later informant discovered that the land, which was sold by the accused persons, was belonging to Allahabad Development Authority, which demolished wall erected by the informant on the aforesaid land.
Learned counsel for the applicant has submitted that FIR has been lodged on the basis of false allegation. The informant has purchased the land Arazi No. 661 area 0.0400 hectare situated in in Mauza Kasari Masari, Pargana & Tehsil Sadar, District Allahabad and not the land of Arazi No. 771 as alleged in the FIR. The informant has instituted an original suit praying for a decree of realization of the amount of sale consideration, wherein she has mentioned and purchased the land of Arazi no.661 and Arazi no.771 has not been mentioned any where. He has further submitted that on this ground this Court entertained an Application U/A 482 No. 24276 of 2018, which was filed challenging the charge-sheet submitted against the applicant and co-accused persons and proceedings were stayed on 30.7.2018, but on account of judgment of Apex Court in the case of Asian Resurfacing Road Agency v. Central Bureau of Investigation, the same was considered vacated by the court below and applicant was arrested. The applicant has been falsely implicated in this case The applicant has no criminal history to his credit and he is languishing in jail since 30.6.2022 In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case, of breach of any of the above 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 :- 4.8.2022
Ruchi Agrahari
