Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22465

of 2021

Applicant :- Allu Gupta @ Dharmendra Gupta

Opposite Party :- State of U.P.

Counsel for Applicant :- Rinki Gupta

Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and learned AGA for

the State-respondent through vedio conferencing.

It is submitted by the learned counsel for the applicant that he

has been falsely implicated in the present case. It is next

submitted that general role has been assigned to the applicant

alongwith other co-accused out of which co-accused Chandan

@ Karan Gupta and Anshu Tiwari have already been enlarged

on bail by this Court vide orders dated 4.2.2021 & 3.2.2021 in

Criminal Misc. Bail Application Nos. 5491 of 2021 & 5503 of

2021. Applicant is having criminal history of one case, which is

explained in the affidavit. He is languishing in jail since

7.4.2021 and in case he is released on bail, he will not misuse

the liberty of bail and will cooperate in trial.

Learned A.G.A. has opposed the prayer for bail, but could not

dispute the aforesaid facts.

Considering the material on record as well as the dictum of

Apex Court in the case of Dataram Singh Vs. State of U.P. and

another, reported in (2018) 3 SCC 22, larger mandate of

Article 21 of the Constitution of India, without expressing any

opinion on the merit of the case, let the applicant- Allu Gupta

@ Dharmendra Gupta, involved in Case Crime No. 1033 of

2020, under Sections- 147, 325, 506, 308 IPC, Police Station-

Naubasta, District- Kanpur Nagar, be enlarged on bail on his

executing a personal bond and two sureties each in the like

amount to the satisfaction of the court concerned.

The party shall file computer generated copy of such order

downloaded from the official website of High Court, Allahabad.

The concerned Court/Authority/Jail Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court, Allahabad and shall make a

declaration of such verification in writing.

This bail order would be subject to the fulfilment of following

conditions:-

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.

4. 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 of the Indian Penal

Code;

5. In case, the applicant misuses the liberty of bail and in order

to secure his presence proclamation under Section 82 Cr.P.C. is

issued and the 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 of the Indian Penal Code.

6. The applicant shall remain present, in person, before the trial

court on the dates fixed for (i) opening of the case, (ii) framing

of charge and (iii) recording of statement under Section 313

Cr.P.C. If in the opinion of the trial court default of this

condition is deliberate or without sufficient cause, then it shall

be open for the trial court to treat such default as abuse of

liberty of his bail and proceed against him in accordance with

law.

7. In case the applicant has been enlarged on short term bail as

per the order of committee constituted under the orders of

Hon'ble Supreme Court his bail shall be effective after the

period of short term bail comes to an end.

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

ground for cancellation of bail.

Order Date :- 25.6.2021

Junaid

Digitally signed by