Chandrabhan Gupta @ Chandrabhan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37638 of 2023 Applicant :- Chandrabhan Gupta @ Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- Shravan Kumar Pandey,Shyam Narain Pandey Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that the accused was involved in selling the liquor illegally after manufacturing it. The name of the applicant did not find mention in the FIR. Subsequently, on the basis of the statement of the co-accused, the applicant was implicated.

¶3It is argued that one of the co-accused was enlarged on bail by this Court vide order dated 07.01.2016 passed in Crl. Misc. Bail Application No. 568 of 2016 and subsequently, the applicant has been arrested.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that applicant was not named in the FIR, his name was surfaced in the statement of the co-accused and the co-accused has been enlarged on bail. Accordingly, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Chandrabhan Gupta @ Chandrabhan be released on bail in FIR/ Case Crime No. 724 of 2015, under Sections 420, 467, 468, 471, 272, 273 IPC & 60, 62, 63 and 72 of Excise Act, P.S. Akbarpur, District Kanpur, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 3.11.2023 S.A. High Court of Judicature at Allahabad