Court No. - 18 Case :- BAIL No. - 5514 of 2010 Petitioner :- Punti Gupta Respondent :- State Of U.P. Petitioner Counsel :- Sushil K Gupta,Arun Kumar Gupta Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.
The applicant is involved in Case Crime No.225 of 2010 under sections 147,
364, 302, 201 I.P.C., Police Station Kotwali City, District Hardoi.
The submissions of the applicant’s counsel are that there is no direct evidence
of the incident and the case is based on circumstantial evidence. The name of
the applicant has first occurred in the statement of one Kaushal Kumar Gupta
and thereafter in the confessional statement of co-accused Indresh Kumar
Gupta. It is also submitted that except telling about the presence of the
applicant at the house of co-accused Ankur Tiwari, nothing has been said by
Kaushal Kumar Gupta to show the applicant’s complicity in the incident of
murder of Asish Gupta and there is no other incriminating circumstance
against the applicant. It is also submitted that similarly situated co-accused
Ravi Pal has been admitted to bail by this Court vide order dated 21.5.2010
passed in Crl. Misc. Case No.3373 (B) of 2010.
Learned A.G.A., however, opposed the bail.
Considering the above circumstances of the case and the points pertaining to
the nature of accusation against the applicant, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie satisfaction
regarding proposed evidence, genuineness of the prosecution case and without
commenting upon the merits of the case, the applicant appears entitled to bail.
Application is, accordingly, allowed.
Let applicant Punit Gupta be enlarged on bail on his executing a personal
bond and furnishing two sureties each in the like amount to the satisfaction of
the Court concerned.
Order Date :- 23.7.2010
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