Dharmendra Gupta @ Kallu vs. State Of U.P.
Held
The Court granted bail to the applicant. It reasoned that the applicant's involvement in twelve offenses on a single day, as alleged, appeared improbable and unbelievable, especially considering his profession as a goldsmith registered under GST. The Court took into account the period of detention of the applicant and all other attending facts and circumstances. While not expressing a final opinion on the merits of the case, the Court found that, prima facie, a case for bail had been made out. The applicant was directed to be released on bail upon furnishing a personal bond and two local sureties to the satisfaction of the court concerned, subject to several conditions aimed at ensuring his presence during trial proceedings and preventing misuse of bail.
Facts
This case involves a bail application filed by Dharmendra Gupta @ Kallu (the applicant) in connection with Case Crime No. 178 of 2021, under Sections 380, 457, 411 of the Indian Penal Code. The FIR was lodged on April 18, 2021, alleging that unknown thieves broke into the complainant's house on the night of April 17, 2021, and stole household goods. The applicant, a goldsmith registered under GST, contends he is innocent and falsely implicated. He argues that the alleged offenses are triable by a magistrate and that the claim of his involvement in twelve cases on the same day is improbable. The applicant has been in jail since June 21, 2021.
Key Issues
1. Whether a case for bail has been made out for the applicant, considering the allegations and his period of detention. The petitioner argued that he is innocent and has been falsely implicated. He contended that the alleged offenses are triable by a magistrate's court. A significant point raised was the improbability of the applicant, a goldsmith registered under GST, committing theft in multiple houses across different police stations on the same day, suggesting a potential fabrication or exaggeration of his criminal history. The petitioner also highlighted his prolonged detention since June 21, 2021, and assured that he would not misuse bail liberty. The State, through the learned A.G.A., opposed the prayer for bail.
Sections Cited
Section 380, Section 457, Section 411, Section 229-A, Section 82, Section 174-A, Section 313
AI-generated summary — verify with the full judgment below
Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39000 of 2021 Applicant :- Dharmendra Gupta @ Kallu Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 178 of 2021, under Sections 380, 457, 411 IPC, Police Station - Nigohi, District - Shahjahanpur with the prayer to enlarge the applicant on bail.
The report of this case was lodged on 18.04.2021 against an unknown person and the incident is alleged to have taken place in the night of 17.04.2021. It was alleged in the FIR by the complainant Om Prakash that unknown thieves broke into the house and stolen away his household goods.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the alleged offence, if any, is triable by the court of magistrate. It is also argued that on the same day twelve cases had been slapped again
The judgment continues below.
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