Shiv Kumar Gupta v. State Of U.P. And 3 Others

Heard Shri Raghuvansh Mishra, learned counsel for the applicant; Shri Laxmi Narayan Rathour, learned counsel for the informant; Ms. Abida Syed, learned counsel for the opposite party no.3 and learned A.G.A. The submission is that co-accused, Pradeep Kumar Gupta, has already been enlarged on bail vide Criminal Misc. Bail Application No. 48610 of 2023 by order of date and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co- accused on the ground of parity. The applicant is in jail since 22.12.2022. On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Shiv Kumar Gupta, involved in Case Crime No. 93 of 2022, under Sections 363(3), 376(2) (n)(f), 506 IPC, and section 5(J)(ii), 5(n)(L)/6 of POCSO Act Police Station- Redhar District- Jalaun, 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. Further, before issuing the release order, the sureties be verified.