Sagar Gupta v. State of U.P. and 3 Others

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42560 of 2023 Applicant :- Sagar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.,Anjali Jaiswal,Dhirendra Kumar Verma Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Ms. Juhi Srivastava, Advocate holding brief of Ms. Anjali Jaiswal, learned counsel for the informant and learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 460 of 2023, under Sections 363, 366 IPC and Section 16/17 of POCSO Act, Police Station Bairiya, District Ballia, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C. stated that she had gone voluntarily with the applicant to Mumbai and stayed there. There is no allegation of abduction or kidnapping or sexual assault against the applicant. The applicant is in jail since 26.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first informant report. There is no allegation of abduction or indecent behaviour against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Sagar Gupta, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.10.2023 Lbm/- High Court of Judicature at Allahabad