Hari Gupta @ Hari Shankar Gupta v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. and 3 Others

Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4854 of 2023 Applicant :- Hari Gupta @ Hari Shankar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And 3 Others Counsel for Applicant :- Pravin Kumar Singh,Rakesh Singh Counsel for Opposite Party :- G.A.,Sandeep Singh, Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant, Shri Sandeep Singh, learned Counsel for opposite party No.2 and Shri Bhanu Pratap Singh, learned A.G.A. for the State and perused the material placed on record.

¶2The present bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No.474 of 2022 under Section 376 I.P.C. and Section 3/4 of POCSO Act, Police Station-Motipur, District-Bahraich, with the prayer to enlarge him on bail.

¶3This is the second bail application. The first bail application filed on behalf of the accused-applicant has been rejected by the Coordinate Bench of this Court vide order dated 06.02.2023 passed in Criminal Misc. Bail Application No.12472 of 2022.

¶4Learned counsel for the accused-applicant submits that accused-applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 20.08.2022. He further submits that co-accused, namely-Pawanpal @ Vijaypal has already been granted bail by the Coordinate Bench this Court, vide order dated 31.05.2023 passed in Criminal Misc. Bail Application No.7323 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶5Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused has already been granted bail by the Coordinate Bench of this Court.

¶6Considering the submissions made by learned counsel for the accused-applicant and learned A.G.A. and going through the record as well as bail order of co-accused, this Court deems it appropriate to enlarge/release accused-applicant on bail. The bail application is allowed on the ground of parity.

¶7Let the applicant-Hari Gupta @ Hari Shankar Gupta, who is involved in aforementioned case 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 subject to following conditions.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails 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 IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Dinesh Kumar Singh, J.) Order Date :- 23.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench