Saurabh Gupta vs State Of U.P.
2023 Latest Caselaw 36398 ALL

Allahabad High Court

Saurabh Gupta vs State Of U.P. on 22 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242976
 
Court No. - 84
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36627 of 2023
 

 
Applicant :- Saurabh Gupta
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Lal Bahadur Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.
 

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

This is the second bail application moved on behalf of the applicant - Saurabh Gupta to enlarge him on bail in Case Crime No. 31 of 2022 under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Jalalpur, District Jaunpur. The first bail application of the applicant was rejected on 12.07.2023.

It is argued by the learned counsel for the applicant that the applicant is in jail since last 11 months i.e. from 24.01.2023. The first bail application of the applicant was rejected on the ground of his criminal history of 15 cases. Learned counsel for the applicant placed before the court the judgment of Apex Court in Special Leave to Appeal (Crl.) No. 4123 of 2023 (Kushal Parihar Vs. State of U.P.), wherein the Apex Court granted bail to the accused, who was having criminal history of 30 cases. It is further argued that as per facts of that case the bail application of the accused was rejected by this court on the ground of his criminal history of 30 cases wherein in all the cases he had been granted bail by the competent courts. The Apex Court considering that the criminal antecedents of the accused cannot be a ground of rejecting the bail, allowed the bail application of the accused. Hence, the prayer is made accordingly.

Learned A.G.A. however, opposed the prayer for bail and submitted that the applicant is having criminal history of 15 cases.

From perusal of the record, it is found that regarding criminal history of 15 cases, 14 bail orders have been appended with the paper book.

On the basis of judgment of Apex Court passed in Kushal Parihar (supra), considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant.

The bail application is allowed.

Let the applicant Saurabh Gupta involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 22.12.2023

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