Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48189

of 2020

Applicant :- Vishal Gupta @ Dheeru Gupta

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashok Gupta

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Ashok Gupta, learned counsel for the applicant as

well as Sri Rishi Chaddha learned AGA for the State and

perused the material placed on record.

This bail application has been moved seeking bail in Case

Crime No.505 of 2020 under sections 364 I.P.C., Police Station

Kotwali Nagar, District Banda, during the pendency of trial.

As per FIR, the prosecution case is that the informant's nephew

Priyanshu Tripathi aged about 22 years did not return home on

06.07.2020. On 07.07.2020 from an unknown number, a phone

call was received by the informant's Bhabi Rekha Tripathi

stating that he (victim) had been trapped and if he does not

return till morning then some wrong act would happened

against him, thereafter search was made. On 08.07.2020 at

about 1.00 p.m. many times phone calls were made from

mobile no.9140797663 and they kept calling the informant

from here and there and had also threatened that if hurry was

not made, Priyanshu Tripathi would be killed.

The contention of the learned counsel for the applicant is that

Priyanshu Tripathi was recovered from the house of Aman

Srivas, who is co-accused in this case and after his recovery, his

statement was recorded, which is annexed at page-20, in which

he has stated that he knew Sangam Lal Sahu very well, who

needs Rs.1,80,000/- and this amount was got delivered to him

from Aman Srivas (co-accused) and the said amount was

promised to be returned within 2-4 days but the same was not

returned and as a result, co-accused Aman Srivas, Naeem Khan,

Dheeru Gupta and Sumit Patel altogether had caught hold of

Priyanshu Tripathi and was closed inside the room and he was

badly beaten and had been threatened that if the borrowed

amount was not returned, he would be killed. The co-accused

Aman Shrivas from whose house recovery of Priyanshu

Tripathi was made, has been granted bail by Coordinate Bench

of this Court vide order dated 2.11.2020, copy of the same is

annexed at page-32 of the paper book and has claimed parity.

The applicant is not involved in any other criminal case. The

applicant is absolutely innocent and is languishing in jail since

17.09.2020. In case the applicant is released on bail he will not

misuse the liberty of bail.

Per contra learned A.G.A. opposed the bail prayer of the

applicant but has not controverted the aforesaid facts.

In the light of the aforesaid arguments, looking to the fact of the

case, taking into consideration the nature of offence, quantum

of punishment and period of detention in jail, and the case of

the present applicant is at par with the case of the co-

accused,without expressing any opinion on the merits of the

case, it is found to be a fit case for bail.

Let the applicant Vishal Gupta @ Dheeru Gupta involved in

aforesaid 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 with the following

conditions that :-

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties

be verified by the court concerned before the bonds are

accepted.

Taking into consideration that Covid-19 is continuing and due

to which certified copy would not be possible to be obtained b