Dharmendra Gupta @ Kallu vs. State Of U.P.

Held

The Court granted bail to the applicant, Dharmendra Gupta @ Kallu. The Court considered the submissions made by both sides, the overall facts and circumstances, the nature of the evidence, the period of detention already undergone, the unlikelihood of an early conclusion of the trial, and the absence of any convincing material indicating the possibility of tampering with evidence. The Court found that the applicant may be enlarged on bail. The operative directions include furnishing a personal bond and two sureties, with verification of sureties. Specific conditions were imposed regarding the applicant's conduct during the trial, including not seeking adjournments when witnesses are present, remaining present on fixed dates, and the trial court's power to proceed against him for misuse of liberty or absence. The trial court is also encouraged to conclude the trial within one year. The Court clarified that these observations would not affect the trial judge's independent opinion.

Facts

This is a bail application filed by Dharmendra Gupta @ Kallu under Section 439 of the Code of Criminal Procedure. The applicant seeks enlargement on bail in Case Crime No. 256 of 2021, registered under Sections 380 and 411 of the Indian Penal Code at Police Station Kalan, District Shahjahanpur. The applicant claims innocence, stating he is the owner of a jewellery shop with GST No. 09BXZPG5084K1ZJ and that the recovered jewellery belongs to his shop. He alleges false implication and fabrication of recovery, noting the absence of public witnesses. The applicant has been in jail since June 21, 2021, and faces 12 other cases.

Key Issues

1. Whether the applicant, Dharmendra Gupta @ Kallu, is entitled to be enlarged on bail in Case Crime No. 256 of 2021 under Sections 380 and 411 IPC, considering the allegations and the material on record? Petitioner's Arguments: - The applicant is innocent and has been falsely implicated due to ulterior motives. - The recovered jewellery is from his own shop, and he has never committed the alleged offenses. - The alleged recovery is false and fabricated, with no public witnesses. - He is ready to cooperate with the legal process and will be available to the court whenever required. - He has been in jail since June 21, 2021. Revenue/State's Arguments: - The learned A.G.A. opposes the application for bail.