Abhishek Gupta v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14187 of 2023 Applicant :- Abhishek Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Kumar,Kalika Prasad Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arvind Kumar, learned counsel for the applicant, Sri Pramod Kumar Shukla, learned counsel for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 21 of 2023, under Sections 392, 411, 413, 414 I.P.C., registered at Police Station G.R.P. Gonda, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.05.2023 agianst two persons, including the applicant, alleging that on the basis of information received from a mukhbir, the accused persons were apprehended from the platform of a railway station and a mobile phone without a sim card was recovered from his possession. It is alleged that the applicant confessed that the mobile phone has been stolen by him.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, and he has been falsely implicated in the present case. Applicant's involvement in 4 other cases has been disclosed in para 6 of the affidavit.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the offences allegedly committed by the applicant prior to lodging the FIR in question are bailable offence; that the applicant is 19 years of age and he is languishing in jail since 11.05.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Abhishek Gupta be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 2.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench